DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2016/3868)

ST JOHN OF GOD HEALTH CARE ENROLLED NURSES AND SUPPORT SERVICES AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 30 AUGUST 2016

Application for approval of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2016.

[1] 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 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 Australian Nursing and Midwifery Federation and United Voice, 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 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

The matter before the court involved St John of God Health Care Inc, trading as St John of God Health Care, which applied for the approval of the St John of God Health Care Enrolled Nurses and Support Services Agreement 2016. The application was heard and determined by the Fair Work Commission, a body with jurisdiction to approve such agreements under the Fair Work Act 2009.

The central legal issues before the Commission related to whether the proposed agreement was in the public interest, whether it would provide for a fair and efficient workplace, and whether it adhered to the principles of the Fair Work Act. These issues were considered in light of the Commission's statutory obligations and the provisions of the agreement itself.

The Fair Work Commission found that the proposed agreement was in the public interest and would provide for a fair and efficient workplace. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and that it adhered to the principles of the Act. The Commission noted the positive aspects of the agreement, including provisions for employee consultation and participation, and the establishment of a framework for resolving workplace disputes. The Commission concluded that the benefits of approving the agreement outweighed any potential detriments, and accordingly, the application was approved.

The final orders of the Commission were that the St John of God Health Care Enrolled Nurses and Support Services Agreement 2016 be approved as a certified agreement under the Fair Work Act, effective from the date of the Commission's decision. The agreement will now apply to the employees covered by its terms, and will remain in force until it is terminated or replaced by a new agreement.

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