St John Of God Health Care Inc T/A St John Of God Health Care
[2025] FWCA 483
•6 FEBRUARY 2025
| [2025] FWCA 483 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
St John Of God Health Care Inc T/A St John Of God Health Care
(AG2024/5271)
ST JOHN OF GOD HEALTH CARE INC. (VICTORIA) ALLIED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2024
| Health and welfare services | |
| DEPUTY PRESIDENT BOYCE | SYDNEY, 6 FEBRUARY 2025 |
Application for approval of the St John of God Health Care Inc. (Victoria) Allied Health Professionals Enterprise Agreement 2024
An application has been made for the approval of an enterprise agreement to be known as the St John of God Health Care Inc. (Victoria) Allied Health Professionals Enterprise Agreement 2024 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by St John Of God Health Care Inc T/A St John Of God Health Care and John of God Outreach Services (Employers). The Agreement is a single enterprise agreement.
Undertakings
The Employers have provided written undertakings dated 5 February 2025. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support Services Award 2020 and that the undertakings will not result in substantial changes to the Agreement.
Coverage of employee organisation(s)
The Health Services Union Victoria No. 3 Branch trading as the Victorian Allied Health Professionals Association, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.
Conclusion
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.
I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 February 2025. The nominal expiry date of the Agreement is 30 June 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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ANNEXURE A
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