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

[2025] FWCA 168

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

(AG2024/5194)

ST JOHN OF GOD HEALTH CARE – AMA WA – MEDICAL PRACTITIONERS ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER LIM	PERTH, 16 JANUARY 2025

Application for approval of the St John of God Health Care – AMA WA – Medical Practitioners Enterprise Agreement 2023

St John of God Health Care Inc trading as St John of God Health Care (the Applicant) has made an application for the approval of an enterprise agreement known as the St John of God Health Care – AMA WA – Medical Practitioners Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Agreement does not contain a delegates’ rights term, as required by s 205A(1) of the Act. Under s 205A(2), the workplace delegates’ rights term in Clause 28A of the Medical Practitioners Award 2020 is taken to be a term of the Agreement.

The Australian Salaried Medical Officers’ Federation (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.

The Agreement was approved on 16 January 2025 and, in accordance with s 54, will operate from 23 January 2025. The nominal expiry date of the Agreement is 30 September 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case involved St John of God Health Care Inc, trading as St John of God Health Care, and the Australian Medical Association Western Australia (AMA WA). The dispute was regarding the approval of the St John of God Health Care – AMA WA – Medical Practitioners Enterprise Agreement 2023. The Fair Work Commission was the court that heard the matter. The primary legal issues the court needed to decide were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the terms and conditions of employment, and whether it was fair and reasonable in the context of the parties' bargaining power and the broader economic environment.

The Fair Work Commission considered several factors in reaching its decision. It examined the agreement's compliance with the Fair Work Act, including whether it provided for minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission also assessed the balance of bargaining power between the parties, taking into account the employer's significant economic leverage and the union's efforts to negotiate on behalf of its members. Furthermore, the court evaluated the agreement's fairness and reasonableness, considering the impact on the employees, the employer's business, and the overall economic context.

After careful consideration, the Fair Work Commission approved the St John of God Health Care – AMA WA – Medical Practitioners Enterprise Agreement 2023. The Commission found that the agreement met the statutory requirements, was made in good faith, and was fair and reasonable overall. The Commission acknowledged the challenges faced by both parties during the negotiations but concluded that the agreement provided a balanced outcome that addressed the needs of the employees while also considering the employer's business requirements. The court's decision was based on a comprehensive analysis of the agreement's terms, the bargaining power of the parties, and the broader economic environment.

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