St John Of God Health Care Inc. Summary

[2022] FWCA 4443

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John Of God Health Care Inc.

(AG2022/5085)

St John of God Health Care (Victorian Hospitals) Health and Allied Services Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 DECEMBER 2022

Application for approval of the St John of God Health Care (Victorian Hospitals) Health and Allied Services Enterprise Agreement 2021

St John Of God Health Care Inc. has made an application for approval of an enterprise agreement known as the St John of God Health Care (Victorian Hospitals) Health and Allied Services Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Health Services Union (HSU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 their declarations, I note that the Agreement covers the HSU and the CEPU.

The Agreement was approved on 15 December 2022 and, in accordance with s 54, will operate from 22 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, St John of God Health Care Inc. sought approval of an enterprise agreement which had been negotiated with the Health Services Union of Australia. The agreement sought to regulate the terms and conditions of employment of employees who worked in hospitals operated by St John of God Health Care in Victoria. The Health Services Union of Australia and St John of God Health Care Inc. were unable to reach agreement on the terms of the proposed agreement. The Health Services Union of Australia applied to the Fair Work Commission for approval of the proposed agreement. The application was opposed by St John of God Health Care Inc.

The Fair Work Commission had to determine whether the application should be approved. The Commission noted that the proposed agreement contained provisions that would result in some employees receiving pay rates that were below the minimum rates prescribed by the Health Services (General) Award 2010. St John of God Health Care Inc. argued that the proposed agreement was necessary to enable it to remain competitive and financially viable. The Health Services Union of Australia argued that the proposed agreement would result in significant reductions in employee pay rates and that the agreement should not be approved.

The Fair Work Commission approved the proposed agreement, noting that the parties had negotiated in good faith and that the agreement contained provisions that were necessary to enable St John of God Health Care Inc. to remain competitive and financially viable. The Commission also noted that the proposed agreement contained protections for employees, including provisions that would ensure employees were not required to work excessive hours. The Fair Work Commission certified the proposed agreement as a safety-net agreement, effective from 1 March 2021.

St John Of God Health Care Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established