CORRECTION TO DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc
(AG2015/1596)

ST JOHN OF GOD HEALTH CARE - HSU - HEALTH PROFESSIONALS, ADMINISTRATIVE, CLERICAL AND TECHNICAL ENTERPRISE AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 14 MAY 2015

Application for approval of the St John of God Health Care - HSU - Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2015 - correction.

[1] The decision issued by the Fair Work Commission on 11 May 2015 [[2015] FWCA 3192 [PR567176]] is corrected as follows:

1. By inserting a new paragraph [5] as follows:

[1] The Health Services Union 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) I note that the Agreement covers the organisation.

2. By renumbering the existing paragraph [5] as [6].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved St John of God Health Care Inc, the Health Services Union, and the Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2015. The Health Services Union, acting as a bargaining representative, sought approval for the enterprise agreement under the Fair Work Act 2009. The agreement aimed to cover the organisation and was submitted to the Fair Work Commission for approval. The Deputy President of the Fair Work Commission, Kovacic, presided over the matter in Melbourne on 14 May 2015. The primary legal issue before the court was whether the enterprise agreement, as proposed by the Health Services Union, should be approved and cover the organisation.

The court considered the statutory requirements under the Fair Work Act 2009 for approving an enterprise agreement. It examined whether the agreement met the criteria for coverage and if it complied with the relevant provisions of the Act. The Deputy President noted that the Health Services Union had provided notice under section 183 of the Act, indicating their desire for the agreement to cover the organisation. Furthermore, the Deputy President confirmed that the agreement indeed covered the organisation, as per section 201(2) of the Act. The court found that all necessary conditions for the approval of the enterprise agreement were satisfied.

In conclusion, the Fair Work Commission approved the St John of God Health Care - HSU - Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2015. The court corrected the decision issued on 11 May 2015 by inserting a new paragraph [5] and renumbering the existing paragraph [5] as [6]. This decision confirms that the enterprise agreement is valid and covers the organisation, as sought by the Health Services Union.

St John of God Health Care Inc

CORRECTION TO DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established