DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc
(AG2021/5916)

ST JOHN OF GOD HEALTH CARE – ANMF – REGISTERED NURSES’ AND MIDWIVES’ AGREEMENT 2020

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 20 JULY 2021

Application for approval of the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2020 (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] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] The Notice of Employee Representational Rights contained a paragraph in relation to a low-paid bargaining authorisation being granted. This paragraph was included in error as the Agreement is a single enterprise agreement.Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(2). Further, having regard to the content of the statutory declaration I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2021. The nominal expiry date of the Agreement is 12 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, St John of God Health Care Inc, applied for the approval of the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2020. The application was made under section 235 of the Fair Work Act 2009. The respondents were the Australian Nursing and Midwifery Federation and its members employed by the applicant.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the necessary provisions for minimum entitlements, provided for a proper process for resolving disputes, and did not contain any provisions that were contrary to public policy or inconsistent with the Act. The Commission considered whether the agreement was appropriately negotiated and whether it provided for a fair and reasonable outcome for both parties.

The Commission found that the agreement was appropriately negotiated and contained all the necessary provisions for minimum entitlements. The Commission also found that the agreement provided for a fair and reasonable outcome for both parties and did not contain any provisions that were contrary to public policy or inconsistent with the Act. The Commission approved the agreement, noting that it provided for a reasonable balance between the needs of the employer and the rights of the employees.

The Commission made an order approving the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2020, subject to the terms and conditions set out in the order. The agreement was approved as a registered agreement under section 182 of the Fair Work Act 2009 and would apply to the employees covered by the agreement from the date of the order.

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