St John of God Health Care Inc

[2013] FWCA 5142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc
(AG2013/2047)

ST JOHN OF GOD HEALTH CARE (NSW HOSPITALS) HEALTH PROFESSIONSALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 29 JULY 2013

Application for approval of the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2013 (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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 5 August 2013. The nominal expiry date of the Agreement is 30 Jun 2016.

[4] 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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John of God Health Care Inc, an employer, applied to the Fair Work Commission for the approval of the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2013. The application was contested by the Australian Nursing and Midwifery Federation, which represented the employees. The nature of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues the court was required to decide centred around whether the agreement was genuinely negotiated and whether it complied with the procedural requirements for approval. Key points of contention included the definition of 'genuine agreement', the fairness of the terms and conditions, and whether the agreement adequately addressed the needs of the employees and the employer.

The court found that the agreement was genuinely negotiated and met the criteria for approval. It noted that the agreement was the result of a collaborative negotiation process, and the terms and conditions were fair and reasonable. The court also found that the agreement adequately addressed the needs of both the employees and the employer, and that the procedural requirements for approval had been met. Therefore, the application for approval of the agreement was successful.

The final orders of the court were that the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2013 be approved. The agreement was to be registered with the Fair Work Commission, and the approval was to be published in the Fair Work Commission's Register of Approved Agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established