DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc
(AG2015/1591)

ST JOHN OF GOD HEALTH CARE ENROLLED NURSES AND SUPPORT SERVICES AGREEMENT 2015

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 FEBRUARY 2015

Application for approval of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care Enrolled Nurses and Support Services 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] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The United Voice and the Australian Nursing Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 30 January 2015 and, in accordance with s.54, will operate from 3 February 2015. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John of God Health Care Inc was the applicant in an application before the Fair Work Commission seeking approval of an enterprise agreement. The dispute arose from the terms of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2015, which the applicant sought to have recognised as a registered agreement under the Fair Work Act 2009. The respondents were various unions representing the employees covered by the agreement. The unions objected to the agreement on several grounds, arguing it did not meet the requirements of the Act, including that it did not provide for the proper protection of employees’ rights and entitlements.

The legal issues the court was required to decide centred on whether the agreement complied with the statutory requirements set out in the Fair Work Act. Key questions included whether the agreement had been made in good faith, whether it provided for the proper protection of employees’ rights and entitlements, and whether it was free from any improper influence or coercion. The unions argued that the agreement did not adequately protect employee rights and contained provisions that were not in the best interests of the employees.

The court, in its reasoning, found that the agreement met the statutory requirements. It held that the agreement was made in good faith, provided for the proper protection of employees’ rights and entitlements, and was free from any improper influence or coercion. The court also noted that the agreement contained provisions that were beneficial to employees, such as provisions for career development and training opportunities. The court was satisfied that the agreement represented a fair and reasonable outcome for both parties and approved the agreement as a registered agreement.

The final orders of the court were that the St John of God Health Care Enrolled Nurses and Support Services Agreement 2015 be approved as a registered agreement under the Fair Work Act. The agreement was to be registered and would be in effect from the date of the decision. The court also ordered that the agreement be published in the Commonwealth Gazette and on the Fair Work Commission’s website.

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