DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2016/4896)

ST JOHN OF GOD HEALTH CARE (NSW HOSPITALS) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 23 SEPTEMBER 2016

Application for approval of the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2016.

[1] On 3 August 2016, 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 (NSW Hospitals) Health Professionals and Support Services 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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Health Services Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 30 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of St John of God Health Care Inc trading as St John of God Health Care, the applicants sought approval of the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2016. The application was heard in the Fair Work Commission, where the applicants contended that the agreement met all the necessary criteria for approval under the Fair Work Act 2009. The applicants argued that the agreement was a good faith bargain, complied with the relevant provisions of the Act, and was in the interests of the employees covered by the agreement.

The central legal issues the court had to decide were whether the agreement constituted a good faith bargain and whether it complied with the statutory requirements set out in the Fair Work Act 2009. The court considered the provisions of the agreement and the evidence presented by both parties. The applicants had to demonstrate that the agreement was made in good faith, was not misleading or deceptive, and did not unfairly discriminate against employees. Furthermore, the court had to ensure that the agreement did not contravene any minimum standards prescribed by the Act.

The court examined the evidence and submissions from both parties and found that the agreement met all the necessary requirements for approval. The applicants successfully demonstrated that the agreement was a good faith bargain and complied with the statutory provisions. The court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court concluded that the agreement was fair and appropriate, and therefore granted the application for approval of the enterprise agreement.

The court ordered that the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2016 be approved as a registered agreement under the Fair Work Act 2009. This decision ensures that the employees covered by the agreement will benefit from the terms and conditions outlined in the agreement, and provides a framework for the fair and reasonable resolution of any future disputes that may arise between the parties.

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