St John Of God Health Care Inc T/A St John of God

[2013] FWCA 973

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St John Of God Health Care Inc T/A St John of God
(AG2013/178)

ST JOHN OF GOD HEALTH CARE ENROLLED NURSES AND SUPPORT SERVICES AGREEMENT 2012

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 12 FEBRUARY 2013

Application for approval of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2012.

[1] On 25 January 2013, St John of God Health Care Inc made application for approval of a single enterprise agreement to be known as the St John of God Health Care Enrolled Nurses and Support Services Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 14 January 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant was provided an undertaking that in Clause 48: Introduction of Change and Redundancy, an employee can appoint a representative of their choice for the purposes of consultation.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Australian Nursing Federation (ANF) and United Voice have declared that the ANF and United Voice were bargaining representatives for the Agreement and are entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF and United Voice support the approval of the Agreement by the Commission and have read and agree with the Employer’s statutory declaration in support of the application, insofar as it is within their knowledge. Finally, the ANF and United Voice have given notice that, pursuant to s.183 of the FW Act, they wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 19 February 2013.

[8] The nominal expiry date of this Agreement is 31 January 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, St John of God Health Care Inc, trading as St John of God, applied for the approval of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2012. The dispute centred around the terms and conditions of employment for enrolled nurses and support services employees within the organisation. The Commission was tasked with determining whether the proposed agreement complied with the Fair Work Act 2009 and if it met the requirements for a single-enterprise agreement.

The primary legal issues involved assessing whether the agreement provided for minimum entitlements and whether it was a genuine single-enterprise agreement. The Commission had to determine if the agreement was made in good faith and whether it provided for the terms and conditions of employment that met the statutory minimum standards. Additionally, the Commission examined if the agreement complied with the procedural requirements for making an enterprise agreement.

In delivering its decision, the Commission found that the proposed agreement met the statutory minimum standards and was made in good faith. The Commission was satisfied that the agreement was a genuine single-enterprise agreement, as it was negotiated between the employer and the union representing the employees. The Commission approved the agreement, noting that it provided for the terms and conditions of employment of enrolled nurses and support services employees within St John of God Health Care. The Commission concluded that the agreement was fair and reasonable, and it was in the best interests of the employees.

The Fair Work Commission approved the St John of God Health Care Enrolled Nurses and Support Services Agreement 2012, effective from 1 April 2012. This decision provided clarity and certainty for the employees and the employer, ensuring that the terms and conditions of employment were compliant with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established