DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc
(AG2016/7979)

ST JOHN OF GOD HEALTH CARE - ANMF - REGISTERED NURSES’ AND MIDWIVES’ AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 9 MARCH 2017

Application for approval of the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2016.

[1] On 22 December 2016 St John of God Health Care (Applicant) made an application for approval of the St John of God Health Care – ANMF – Registered Nurses’ and Midwives’ Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation (WA 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 16 March 2017. The nominal expiry date of the Agreement is 12 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of an industrial instrument, the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2016. The applicant, St John of God Health Care Inc, sought approval from the Fair Work Commission. The dispute arose from negotiations between the applicant and the Australian Nursing and Midwifery Federation, the registered trade union for the nurses and midwives covered by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed agreement satisfied the requirements of the Fair Work Act, specifically sections 234 and 235. These sections mandate that a certified agreement must provide for the terms and conditions of employment of the employees to which it applies, and must not be contrary to public policy. The court needed to assess whether the agreement complied with these statutory requirements and did not contravene any public policy considerations.

The court examined the agreement clause by clause, considering its alignment with the statutory requirements and public policy. The applicant provided evidence and submissions to demonstrate compliance. The court found that the agreement did not contravene any public policy considerations and was consistent with the statutory framework. The agreement was found to adequately provide for the terms and conditions of employment, including wages, hours of work, and other employment-related matters. Therefore, the court concluded that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2016. The approval was based on the finding that the agreement complied with the Fair Work Act and did not contravene public policy. This decision ensures that the terms and conditions of employment for the nurses and midwives are governed by a certified agreement, providing a framework for their working conditions and protections.

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