DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc. T/A St John of God Health Care
(AG2016/6312)

ST JOHN OF GOD HEALTH CARE INC. (VICTORIA) NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 16 DECEMBER 2016

Application for approval of the St John of God Health Care Inc. (Victoria) Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care Inc. (Victoria) Nurses Enterprise Agreement 2016 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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) I note that the Agreement covers these organisations.

[6] The Agreement was approved on 16 December 2016 and, in accordance with s.54, will operate from 23 December 2016. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of St John of God Health Care Inc. T/A St John of God Health Care, the dispute revolved around the application for approval of the St John of God Health Care Inc. (Victoria) Nurses Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which has jurisdiction over matters concerning industrial relations and workplace agreements in Australia.

The primary legal issues before the Commission were whether the application for approval of the enterprise agreement complied with the relevant statutory requirements, and whether the agreement itself was fair and reasonable in its terms. The Commission was required to assess whether the agreement met the formal requirements under the Fair Work Act 2009 and whether it adhered to the "better off overall test" (BOOT), ensuring that employees were not worse off overall than under their previous conditions of employment.

In delivering its decision, the Commission found that the application for approval met all formal requirements, and the enterprise agreement itself was fair and reasonable. The Commission emphasised the importance of the parties' good faith bargaining process and the need for the agreement to be in the best interest of the employees. The Commission concluded that the agreement was not only procedurally sound but also substantively fair, as it provided benefits to the employees without imposing undue hardship on the employer.

The Commission approved the application and authorised the enterprise agreement. The approval was contingent on the agreement being registered with the Registrar of the Fair Work Commission within the specified timeframe. This decision provided clarity and finality to the parties, allowing the enterprise agreement to come into effect and govern the employment conditions of the nurses at St John of God Health Care Inc. (Victoria).

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