DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2017/1769)

ST JOHN OF GOD HEALTH CARE - AMA WA - MEDICAL PRACTITIONERS ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 31 MAY 2017

Application for approval of the St John of God Health Care - AMA WA - Medical Practitioners Enterprise Agreement 2016.

[1] On 19 May 2017 St John of God Health Care Inc T/A St John of God Health Care (Applicant) made an application for approval of the St John of God Health Care - AMA WA - Medical Practitioners Enterprise Agreement 2016 (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 is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] 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.

[5] The Australian Salaried Medical Officers’ Federation and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 7 June 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of St John of God Health Care Inc, trading as St John of God Health Care, an application was brought before the Fair Work Commission concerning the approval of the St John of God Health Care - AMA WA - Medical Practitioners Enterprise Agreement 2016. The dispute revolved around whether the proposed agreement met the necessary standards and requirements under the Fair Work Act 2009, specifically focusing on the process by which the agreement was reached and its compliance with fairness and good faith provisions.

The central legal issues that the Commission had to address included whether the agreement was genuinely negotiated and if the process adhered to the principles of good faith bargaining. Additionally, the Commission had to determine if the agreement included terms and conditions that were fair and reasonable, taking into account the nature of the enterprise and the interests of both the employer and the employees.

In examining these issues, the Commission considered evidence presented by both parties, including the negotiation process and the terms of the agreement. The Commission found that the process of negotiation was largely conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission was satisfied that the agreement met the necessary criteria for approval, including compliance with the relevant provisions of the Fair Work Act 2009. Consequently, the Commission approved the St John of God Health Care - AMA WA - Medical Practitioners Enterprise Agreement 2016.

The final orders of the Commission included the approval of the enterprise agreement, effective from the date of the decision. The Commission emphasised the importance of the agreement in providing a fair and effective framework for the employment relationship between St John of God Health Care and the medical practitioners covered by the agreement.

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