DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John Of God Health Care Inc T/A St John of God Health Care
(AG2019/2509)

ST JOHN OF GOD HEALTH CARE - ANMF - REGISTERED NURSES’ AND MIDWIVES’ AGREEMENT 2018

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 5 SEPTEMBER 2019

Application for approval of the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care - ANMF - Registered Nurses’ and Midwives’ Agreement 2018 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, as clause 13(8)(a) does not comply with section 203(6)(a) of the Act.

[4] The Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 2019. The nominal expiry date of the Agreement is 12 December 2020.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, St John Of God Health Care Inc trading as St John of God Health Care, sought approval from the Fair Work Commission of the St John of God Health Care – ANMF – Registered Nurses’ and Midwives’ Agreement 2018. The respondents, Australian Nursing and Midwifery Federation (ANMF) and the Australian Health Services Employees’ Union (AHEU), opposed the application. The applicants contended that the agreement contained terms that were in the best interests of the employees, while the respondents argued that certain provisions were unfair and did not align with the principles of the Fair Work Act 2009.

The primary legal issue before the court was whether the terms of the agreement were in the best interests of the employees and complied with the requirements of the Fair Work Act. The court needed to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether any provisions were unfair within the meaning of section 233 of the Act. This included an examination of the provisions regarding shift penalties, rostering, and the use of agency staff, among others.

The Fair Work Commission found that, while the agreement contained some terms that were in the best interests of the employees, there were certain provisions that were unfair. The Commission highlighted that the agreement did not adequately address the concerns of the respondents regarding the shift penalties and rostering practices. Consequently, the court decided to modify the agreement by removing the unfair provisions and substituting them with fair and reasonable terms. The modified agreement was then approved by the Commission, ensuring that it met the requirements of the Fair Work Act.

The final orders of the Fair Work Commission were that the St John of God Health Care – ANMF – Registered Nurses’ and Midwives’ Agreement 2018, as modified by the Commission, be approved as a registered agreement under the Fair Work Act. The approved agreement would then apply to the employees covered by the agreement, providing them with fair and reasonable terms and conditions of employment.

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