DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2019/4647)

ST JOHN OF GOD HEALTH CARE MAINTENANCE CAREGIVERS AGREEMENT 2019

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 17 JANUARY 2020

Application for approval of the St John of God Health Care Maintenance Caregivers Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care Maintenance Caregivers 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 T/A St John of God Health Care. 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 Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Construction, Forestry, Maritime, Mining and Energy Union, 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 24 January 2020. The nominal expiry date of the Agreement is 31 August 2022.

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, sought approval of the St John of God Health Care Maintenance Caregivers Agreement 2019, which governs the employment terms of maintenance caregivers. The matter was brought before the Fair Work Commission, which was required to consider the application under the Fair Work Act 2009. The application involved the approval of an enterprise agreement that would replace the existing St John of God Health Care Maintenance Award 2010. The dispute centred on whether the agreement met the legal requirements for approval, including compliance with the provisions of the Fair Work Act and the Fair Work Regulations 2009.

The Commission needed to determine whether the agreement had been made in accordance with the Act, whether it had been fairly negotiated, and whether it complied with the minimum standards set out in the Fair Work Act. In making its decision, the Commission considered submissions from both St John of God Health Care and the Health Services Union, which represented the employees. The Commission also took into account the statutory requirements for the approval of an enterprise agreement and the relevant case law.

After thorough consideration, the Commission concluded that the application met the necessary criteria for approval. The Commission found that the agreement had been made in good faith and that it complied with all relevant provisions of the Fair Work Act. The agreement was considered to be fair and reasonable, and it provided for minimum terms and conditions of employment that were no less favourable than those provided by the existing award. The Commission approved the St John of God Health Care Maintenance Caregivers Agreement 2019, which now governs the employment terms of maintenance caregivers within the organisation.

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