St John Of God Health Care Inc T/A St John Of God Health Care Summary

[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

ANNEXURE A

CaseChat Overview and Summary

The applicant, St John Of God Health Care Inc., trading as St John Of God Health Care, sought the court's approval of the Allied Health Professionals Enterprise Agreement 2024. This agreement was intended to govern the terms and conditions of employment for allied health professionals within the organisation. The dispute centred on whether the agreement met the statutory requirements for approval under the relevant industrial relations legislation. The matter was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement should be certified and thus made binding on the parties involved.

The legal issues before the Commission involved assessing whether the agreement complied with the necessary provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement provided for the proper protection of the interests of the employees and the efficient operation of the employer's business. This involved scrutinising the agreement's provisions on wages, hours of work, leave entitlements, and other terms and conditions of employment. The Commission also needed to determine if the agreement had been negotiated in good faith and if it met the criteria for simplification and clarity as required by the legislation.

In its decision, the Commission carefully reviewed the provisions of the agreement and considered submissions from both the applicant and the relevant employee representatives. The Commission found that the agreement effectively balanced the interests of both parties and provided for efficient business operations. The agreement was deemed to be in compliance with the statutory requirements for good faith negotiation and included all necessary terms and conditions. The Commission was satisfied that the agreement met the criteria for simplification and clarity, and that it provided adequate protection for the employees' interests. Consequently, the Commission approved the agreement and certified it as meeting the necessary legislative standards.

The final orders of the Commission included the certification of the Allied Health Professionals Enterprise Agreement 2024 as a Registered Agreement under the Fair Work Act 2009. This certification made the agreement binding on all allied health professionals employed by St John Of God Health Care, as well as the employer itself. The agreement was set to commence on the date of the Commission's decision and would remain in effect for the duration specified within its terms.

St John Of God Health Care Inc T/A St John Of God Health Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established