St John of God Health Care Inc. T/A St John of God Health Care

[2025] FWCA 381

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John of God Health Care Inc. T/A St John of God Health Care

(AG2024/4912)

ST JOHN OF GOD HEALTH CARE – HSU – HEALTH PROFESSIONALS, ADMINISTRATIVE, CLERICAL AND TECHNICAL

Enterprise Agreement 2024

Health and welfare services
DEPUTY PRESIDENT O’KEEFFE	PERTH, 30 JANUARY 2025

Application for approval of the St John of God Health Care – HSU – Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the St John of God Health Care – HSU – Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 December 2023 and the Agreement was made on 28 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT. The Health Services Union (HSU), who were a bargaining agent, did not express a view as to whether the Agreement passes the BOOT.

The Applicant has provided written undertakings (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.

A potential BOOT issue was identified with respect to employees working 12 hours shifts ending between 7.30am and 8.00am. Having raised this with the Applicant I am satisfied that no employees currently work such shifts, and it is not reasonably foreseeable that such shifts will be worked during the life of the Agreement. As such, I regard this issue as resolved.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The HSU lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the HSU.

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

St John of God Health Care Inc. T/A St John of God Health Care applied to the Fair Work Commission for approval of their Enterprise Agreement, which covers health professionals, administrative, clerical, and technical staff, effective from 2024. The Health Services Union (HSU) was the party that negotiated the agreement on behalf of the employees. The application was made in accordance with the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act and whether it provided for the fair and equitable treatment of employees.

The primary legal issue was whether the agreement contained all the minimum terms and conditions as specified in the Fair Work Act. Additionally, the court needed to consider whether the agreement was made in good faith and whether it adhered to the principles of procedural fairness. The court also had to ensure that the agreement was not contrary to public policy or contrary to the broader objectives of the Act.

The Fair Work Commission found that the agreement complied with all statutory requirements and met the standards for approval. The Commission noted that the agreement provided for appropriate remuneration and conditions for employees, and it included provisions for dispute resolution and other mechanisms to ensure fair treatment. The Commission also confirmed that the agreement was made in good faith and adhered to the principles of procedural fairness. The court concluded that the agreement was not contrary to public policy and aligned with the objectives of the Fair Work Act.

As a result, the Fair Work Commission approved the St John of God Health Care – HSU – Health Professionals, Administrative, Clerical and Technical Enterprise Agreement 2024. The agreement is now legally binding on the parties and will govern the employment conditions of the covered staff for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established