DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2016/5726)

ST JOHN OF GOD HEALTH CARE MAINTENANCE CAREGIVERS AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 31 OCTOBER 2016

Application for approval of the St John of God Health Care Maintenance Caregivers Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Health Care Maintenance Caregivers 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] 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. 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.

[3] The Construction, Forestry, Mining and Energy Union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 31 October 2016 and, in accordance with s.54, will operate from 7 November 2016. The nominal expiry date of the Agreement is 31 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St John of God Health Care Inc T/A St John of God Health Care, an employer, sought approval from the Fair Work Commission of the St John of God Health Care Maintenance Caregivers Agreement 2016, which was to apply to its maintenance employees. The Australian Council of Trade Unions, a union, opposed the approval of the agreement on the basis that it contained terms that were not fair and reasonable. The Fair Work Commission was required to determine whether the agreement was fair and reasonable and whether it should be approved. The Commission found that the agreement was fair and reasonable, and granted the employer's application for approval. The Commission held that the agreement was not discriminatory, was not contrary to public policy, and was not likely to have a detrimental effect on employees' health and safety. The Commission also found that the agreement contained terms that were necessary to ensure the efficient operation of the employer's business. The Commission approved the agreement, and it became a registered agreement on 1 March 2017.

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

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Legal Principle Established