St John of God Health Care Inc

[2025] FWCA 658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John of God Health Care Inc

(AG2025/321)

ST JOHN OF GOD HEALTH CARE (VIC HOSPITALS AND SOCIAL OUTREACH) MEDICAL SCIENTISTS, DIETITIANS, PHARMACISTS AND PSYCHOLOGISTS ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER ALLISON	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the St John of God Health Care (VIC Hospitals and Social Outreach) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2023

St John of God Health Care Inc (the Employer) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the St John of God Health Care (VIC Hospitals and Social Outreach) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2023 (the Agreement).

The Health Services Union, Victoria No.4 Branch, 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.

Clause 27(b)(i)(3) of the Agreement contained a drafting error. The Employer has provided an updated copy of the Agreement which corrected this by replacing “2025” with “2026.” I am satisfied that this constituted an obvious error, defect, or irregularity and I will amend the Agreement accordingly pursuant to s.218A of the Act.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2025. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John of God Health Care Inc recently sought approval for its new enterprise agreement covering medical scientists, dietitians, pharmacists, and psychologists employed at its Victorian hospitals and social outreach services. The dispute was brought before the Fair Work Commission (FWC). The legal issues at the heart of the case revolved around whether the terms and conditions outlined in the proposed enterprise agreement were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009.

The FWC examined the proposed agreement in detail, focusing on its compliance with the 'better off overall test'. This test requires that employees be no worse off financially under the new agreement than they would be under their existing awards or agreements. The Commission also considered the fairness of the terms, including those related to wages, hours of work, leave entitlements, and other employment conditions. Given the complexity of the agreement and the various stakeholder interests, the FWC's decision was pivotal in determining whether the proposed terms could be approved.

After thorough consideration, the FWC found that the proposed enterprise agreement met the requirements of the Act. The Commission concluded that the new terms and conditions were fair and reasonable, and that employees would not be worse off financially. The FWC also noted that the agreement contained appropriate safeguards and mechanisms to ensure its effective implementation and ongoing compliance. Consequently, the Commission approved the St John of God Health Care (VIC Hospitals and Social Outreach) Medical Scientists, Dietitians, Pharmacists and Psychologists Enterprise Agreement 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established