DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St John of God Health Care
(AG2015/5166)

ST JOHN OF GOD HEALTH CARE (VIC HOSPITALS) HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2015 -2018

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 2 NOVEMBER 2015

Application for approval of the St John of God Health Care (Vic Hospitals) Health Professionals Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care (Vic Hospitals) Health Professionals Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the St John of God Health Care Inc. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, St John of God Health Care applied for the approval of the St John of God Health Care (Vic Hospitals) Health Professionals Enterprise Agreement 2015-2018. The parties involved were St John of God Health Care and the Health Professionals and Support Services Union. The dispute centred around whether the terms of the proposed agreement complied with the relevant industrial and statutory provisions. The Commission had to determine if the agreement met the necessary requirements for approval, including whether it provided for the appropriate minimum terms and conditions for the health professionals employed by St John of God Health Care.

The primary legal issues revolved around the compliance of the agreement with the Fair Work Act 2009, including whether the agreement satisfied the provisions for good faith bargaining, the protection of employees' rights, and the inclusion of essential terms and conditions. The Commission also examined whether the agreement provided for fair and reasonable terms that did not unduly disadvantage any party and complied with the applicable minimum standards. Additionally, the court had to ensure that the agreement did not include any unlawful or unfair terms that could potentially harm the employees or the employer.

The Commission found that the agreement largely complied with the statutory requirements for approval. The terms provided for fair and reasonable conditions for the employees, and the bargaining process was conducted in good faith. The agreement included essential terms and conditions that met the minimum standards set by the Fair Work Act. After considering all the evidence and submissions from both parties, the Commission concluded that the agreement was fit for approval. The agreement was found to be fair, reasonable, and compliant with the relevant industrial and statutory provisions.

The final orders of the Commission were that the St John of God Health Care (Vic Hospitals) Health Professionals Enterprise Agreement 2015-2018 be approved as a registered agreement under the Fair Work Act 2009. The agreement would now govern the terms and conditions of employment for the health professionals employed by St John of God Health Care in Victoria. The approval of the agreement was effective from the date of the Commission's decision, and both parties were bound by its terms and conditions.

St John of God Health Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established