St John of God Health Care Inc. T/A St John of God Health Care
[2025] FWCA 381
•30 JANUARY 2025
| [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
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Annexure A:
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