DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2016/5692)

ST JOHN OF GOD HEALTHCARE – HSU – HEALTH PROFESSIONALS, ADMINISTRATIVE, CLERICAL AND TECHNICAL ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 21 NOVEMBER 2016

Application for approval of the St John of God Health Care - HSU - Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care - HSU - Health Professionals, Administrative, Clerical and Technical 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.

[4] The Health Services Union 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 was approved on 21 November 2016 and, in accordance with s.54, will operate from 28 November 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Health Services Union Health Professionals, Administrative, Clerical and Technical Employees' Branch, the applicant sought the Fair Work Commission's approval of the St John of God Health Care – HSU – Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2016. The dispute arose in the context of negotiations between the union and the employer, St John of God Health Care Inc, regarding the terms and conditions of employment for the workforce covered by the proposed agreement. The case was heard by the Fair Work Commission, the body responsible for resolving industrial disputes in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for approval under section 231 of the Act, including whether it provided for fair and efficient bargaining, and whether it included appropriate mechanisms for the resolution of disputes. Additionally, the Commission had to assess if the agreement contained terms and conditions that were fair and reasonable, taking into account the needs of the employees, the employer, and the broader community.

The Fair Work Commission found that the proposed agreement satisfied the statutory requirements for approval. The Commission noted that the agreement had been the subject of good faith negotiations between the parties, and that it contained provisions for the resolution of disputes, including the establishment of a dispute resolution committee. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, considering the circumstances of the employees, the employer, and the wider community. The Commission found that the agreement provided for appropriate pay and conditions for the workforce, and that it included provisions for the protection of employee rights and interests. Accordingly, the Commission approved the St John of God Health Care – HSU – Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2016.

The Fair Work Commission's approval of the enterprise agreement marked the resolution of the dispute between the Health Services Union and St John of God Health Care Inc. The agreement now governs the terms and conditions of employment for the covered workforce, providing a framework for industrial relations between the parties. The decision serves as a precedent for similar agreements in the health care sector and highlights the importance of good faith negotiations and compliance with the Fair Work Act 2009 in the resolution of industrial disputes.

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