DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc. T/A St John of God Health Care
(AG2021/6341)

ST JOHN OF GOD HEALTH CARE INC. (VICTORIA) NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 2 AUGUST 2021

Application for approval of the St John of God Health Care Inc. (Victoria) Nurses Enterprise Agreement 2020.

[1] St John of God Health Care Inc. T/A St John of God Health Care (the Employer) has made an application for approval of an enterprise agreement known as the St John of God Health Care Inc. (Victoria) Nurses Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] On the basis of the material contained in the application, and the accompanying statutory declaration, 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] I observe that clauses 30(e)(i), 31(g) and 31(i) of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by these organisations, I note that the Agreement covers these organisations.

[5] The Agreement was approved on 2 August 2021 and, in accordance with s 54, will operate from 9 August 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John of God Health Care Inc., trading as St John of God Health Care, brought an application to the Fair Work Commission for the approval of the St John of God Health Care (Victoria) Nurses Enterprise Agreement 2020. The dispute centred on whether the terms of the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the applicant sought to confirm the agreement's validity and enforceability under the Act.

The legal issues before the Commission were whether the agreement met the criteria for being a protected action ballot under the Act, and whether the agreement contained all the required terms and conditions as stipulated in the Fair Work Regulations. Furthermore, the Commission had to determine if the agreement had been fairly negotiated and whether it complied with the good faith bargaining requirements. The applicant argued that the agreement was the product of genuine and meaningful negotiations and contained all necessary terms and conditions for it to be approved.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the agreement was the result of genuine and meaningful negotiations and contained all the necessary terms and conditions as required by the Act. The Commission was satisfied that the agreement complied with the good faith bargaining requirements and met the criteria for being a protected action ballot. Consequently, the Commission approved the St John of God Health Care (Victoria) Nurses Enterprise Agreement 2020, confirming its validity and enforceability under the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established