DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc
(AG2019/3498)

ST JOHN OF GOD HEALTH CARE ENROLLED NURSES AND SUPPORT SERVICES AGREEMENT 2019

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 24 OCTOBER 2019

Application for approval of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care Enrolled Nurses and Support Services Agreement 2019 (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 Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have 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 organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John of God Health Care Inc applied to the Fair Work Commission for approval of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2019. The application was made under section 232 of the Fair Work Act 2009 by the employer, St John of God Health Care Inc. The agreement was intended to cover enrolled nurses and support services employees employed by the employer. The dispute centred on whether the agreement met the legal requirements for approval under the Act and whether it was in the best interests of the employees.

The legal issues before the court included whether the agreement provided for a fair and reasonable outcome for the employees, whether it complied with the relevant provisions of the Fair Work Act, and whether it was consistent with the objectives of the Act, particularly in relation to ensuring fair and equitable workplace relations. The court also had to consider whether the agreement provided for adequate dispute resolution mechanisms and whether it was consistent with the national minimum terms and conditions set out in the applicable award.

The Fair Work Commission found that the agreement was fair and reasonable, met the requirements of the Fair Work Act, and was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits, including pay rates and conditions that were at least as good as, or better than, the applicable award. The Commission also found that the agreement provided for effective dispute resolution mechanisms and was consistent with the objectives of the Act. The Commission approved the agreement, noting that it represented a fair and reasonable outcome for both the employer and the employees.

The court ordered that the St John of God Health Care Enrolled Nurses and Support Services Agreement 2019 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the Commission's decision and would apply to enrolled nurses and support services employees employed by the employer. The decision was final and binding on both parties.

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