St John Of God Health Care Inc T/A St John Of God Health Care

[2025] FWCA 656

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John Of God Health Care Inc T/A St John Of God Health Care

(AG2025/29)

ST JOHN OF GOD HEALTH CARE ENROLLED NURSES AND SUPPORT SERVICES AGREEMENT 2024

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 20 FEBRUARY 2025

Application for approval of the St John of God Health Care Enrolled Nurses and Support Services Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the St John of God Health Care Enrolled Nurses and Support Services Enterprise Agreement 2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 30 June 2027.

The United Workers’ Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice to the Fair Work Commission that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note that the Agreement covers the United Workers’ Union and the Australian Nursing and Midwifery Federation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John of God Health Care Inc T/A St John of God Health Care recently sought approval for the St John of God Health Care Enrolled Nurses and Support Services Enterprise Agreement 2024. The Fair Work Commission was tasked with determining whether the agreement should be approved, as it had not been resolved through bargaining. The application was made under the Fair Work Act 2009, specifically focusing on the process and criteria for approving such agreements.

The central legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act. The Commission had to consider whether the agreement was in the interests of the employees it covered, whether it was fair and reasonable, and whether it complied with the relevant provisions of the Act. Additionally, the Commission needed to ensure that the agreement had been made in good faith and without any coercion.

In deliberating on the application, the Commission examined the provisions of the agreement, the bargaining process, and the interests of the employees. The Commission found that the agreement contained provisions that were fair and reasonable, and it was in the interests of the employees. It concluded that the agreement had been made in good faith and without coercion. The Commission determined that all statutory criteria for approval were met, and thus the application for approval was successful.

The Fair Work Commission approved the St John of God Health Care Enrolled Nurses and Support Services Enterprise Agreement 2024. The Commission found that the agreement met all the necessary criteria and was fair and reasonable for the employees it covered. The agreement was therefore approved and will come into effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established