DECISION

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

St John of God Health Care Inc
(AG2015/5304)

ST JOHN OF GOD HEALTH CARE (VIC HOSPITALS) MEDICAL SCIENTISTS, DIETITIANS AND PSYCHOLOGISTS ENTERPRISE AGREEMENT 2015

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

Application for approval of the St John of God Health Care (Vic Hospitals) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St John of God HealthCare (Vic Hospitals) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by 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, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] 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 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

FAIR WORK COMMISSION

MATTER NO: AG2015/5304

Undertaking

St John of God Health Care acknowledges that clause 33 (e) (iv) of The St John of God Health Care Inc (Victoria) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2015 should read as follows:

An employer may by agreement with a caregiver grant long service leave to the caregiver before the entitlement to that leave has accrued, provided that such leave shall not be granted before the caregiver has completed seven years’ service.

Dorothy Gibbs

Senior Industrial and Employee Relations Advisor

St John of God Health Care Inc.,

CaseChat Overview and Summary

St John of God Health Care Inc recently came before the Fair Work Commission in relation to the approval of the St John of God Health Care (Vic Hospitals) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2015. The applicant, St John of God Health Care Inc, sought the Commission's approval of the enterprise agreement, which was reached through negotiations between the employer and the relevant trade union. The union involved in the agreement is the Health Services Union of Australia.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the "better off overall test" under section 235 of the Act, ensuring that the employees were no worse off financially and had some additional benefits. The Commission also examined if the agreement was made in good faith and whether it included appropriate dispute resolution processes. The fairness of the agreement's terms and conditions and compliance with any applicable awards or agreements were also considered.

The Commission found that the enterprise agreement satisfied the requirements of the Fair Work Act. It concluded that the agreement was made in good faith and met the better off overall test. The terms and conditions were deemed fair, and the agreement included appropriate dispute resolution mechanisms. The Commission approved the enterprise agreement, noting its compliance with the relevant legal standards. The approval was granted on the condition that the agreement would be registered with the Fair Work Commission. This decision ensures that the employees covered by the agreement benefit from the negotiated terms and conditions while maintaining compliance with Australian labour laws.

St John of God Health Care Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established