DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Health Care
(AG2016/3869)

ST JOHN OF GOD PATHOLOGY WA HSUWA CAREGIVER ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 23 AUGUST 2016

Application for approval of the St John of God Pathology WA HSUWA Caregiver Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Pathology WA HSUWA Caregiver 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 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St John of God Health Care Inc, trading as St John of God Health Care, applied to the Fair Work Commission for approval of the St John of God Pathology WA HSUWA Caregiver Enterprise Agreement 2016. The application was contested by the Health Services Union of Australia, which represented the employees. The dispute centred on the terms and conditions of employment for caregivers within the St John of God Pathology WA division.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved an examination of whether the agreement contained all the mandated minimum terms and conditions, including provisions on pay rates, hours of work, and leave entitlements, and whether the agreement was genuinely negotiated. The court also had to consider whether the agreement was free from any prohibited content, such as provisions that would undermine employees' rights.

The Fair Work Commission found that the enterprise agreement met the statutory requirements. The agreement was found to include all mandated minimum terms and conditions and was genuinely negotiated between the parties. The court was satisfied that the agreement was free from any prohibited content. Therefore, the application for approval was granted.

The Fair Work Commission approved the St John of God Pathology WA HSUWA Caregiver Enterprise Agreement 2016. The agreement was deemed to be compliant with the Fair Work Act 2009 and was therefore valid. This decision ensures that the terms and conditions of employment for caregivers within the St John of God Pathology WA division are governed by a legally binding enterprise 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