St John of God Health Care Inc

[2013] FWCA 1439

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc
(AG2013/408)

ST JOHN OF GOD HEALTH CARE (VIC HOSPITALS) HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 17 APRIL 2013

Application for approval of the St John of God Health Care (Vic Hospitals) Health Professionals Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Application for approval of the St John of God Health Care (Vic Hospitals) Health Professionals 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 April 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

St John of God Health Care Inc, a private healthcare provider, brought an application before the Fair Work Commission to approve the St John of God Health Care (Vic Hospitals) Health Professionals Enterprise Agreement 2013. The application arose from negotiations between the employer and the relevant union. The primary issue was whether the terms of the agreement complied with the requirements of the Fair Work Act 2009.

The court was required to determine whether the agreement met the necessary criteria for approval, including whether it was in the best interests of the employees, provided for fair and reasonable terms, and complied with any relevant legislative provisions. Additionally, the court had to consider whether any terms of the agreement unduly restricted the employees' rights or imposed excessive obligations on them.

The Fair Work Commission found that the agreement was fair and reasonable, met the statutory requirements, and was in the best interests of the employees. The court was satisfied that the agreement provided for terms that were fair and reasonable, did not unduly restrict the employees' rights, and did not impose excessive obligations. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established