St John of God Health Care Inc.; Health Services Union Summary

[2013] FWCA 4692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc.; Health Services Union
(AG2013/824)

ST JOHN OF GOD PATHOLOGY VICTORIA - HEALTH SERVICES UNION - CAREGIVER ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2013

Application for approval of the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2013.

[1] On 8 April 2013 St John of God Health Care Inc and Health Services Union made an application for approval of the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2013 (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 accepted the undertaking attached to this decision, which has been given by the employer and note that the intention of clause 31 of the Agreement is to apply to shift penalty rates only. The Commission also notes that the relevant pay rates in the Health Professionals and Support Services Award 2010 will be applied where those rates are higher than the rates contain within the Agreement.

[4] The Commission is satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.

[5] 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), The Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s.54 of the Act the Agreement will operate from 26 July 2013. The nominal expiry date of the Agreement is 1 November 2014.

COMMISSIONER

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John of God Health Care Inc. brought an application for approval of the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2013 before the Fair Work Commission. The Health Services Union opposed the application, claiming that certain provisions of the agreement were not compliant with the Fair Work Act 2009. The agreement in question aimed to establish terms and conditions for caregivers employed by St John of God Pathology Victoria. The legal issues before the court centred on whether specific clauses in the agreement contravened the provisions of the Fair Work Act, particularly in relation to the process for resolving workplace disputes and the flexibility of employment terms. The court had to examine whether the agreement provided for a fair and efficient dispute resolution process and if it allowed for the appropriate flexibility in employment terms while protecting the rights of employees.

The court first considered the dispute resolution clause, which outlined a two-step process involving initial internal resolution followed by external conciliation. The Health Services Union argued that this process was inadequate as it did not provide for a binding arbitration step. The court found that while the agreement did not explicitly provide for binding arbitration, the process outlined was consistent with the principles of the Fair Work Act and was deemed sufficient for the resolution of workplace disputes. Regarding the flexibility of employment terms, the court noted that the agreement contained provisions for variations in work hours and duties, which were necessary for the provision of healthcare services. However, the court emphasised the need for any such variations to be negotiated in good faith and not to unfairly disadvantage employees. Ultimately, the court determined that the agreement was compliant with the Fair Work Act and approved the application for its implementation.

The court's decision resulted in the approval of the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2013. The court found that the dispute resolution process was fair and efficient, and the provisions for flexibility in employment terms were reasonable and necessary for the operation of the healthcare service. The agreement was therefore deemed to meet the requirements of the Fair Work Act. The final orders of the court confirmed the approval of the agreement, allowing it to be registered and enforceable under the Fair Work Act. This decision ensured that the terms and conditions for caregivers at St John of God Pathology Victoria would be legally binding and in compliance with the Fair Work Act.

St John of God Health Care Inc.; Health Services Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established