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

[2024] FWCA 3408

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

(AG2024/2980)

ST JOHN OF GOD HEALTH CARE (NSW HOSPITALS) HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 30 SEPTEMBER 2024

Application for approval of the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2023 (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 Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Health Professionals and Support Serviced Award 2020 is taken to be a term of the Agreement

I note that the Agreement contains an NES precedence clause at cl.8, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

The Health Services Union NSW/ACT/QLD 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 October 2024. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by St John of God Health Care Inc, trading as St John of God Health Care, to the Fair Work Commission for the approval of the St John of God Health Care (NSW Hospitals) Health Professionals and Support Services Enterprise Agreement 2023. The application was necessary as the agreement needed to comply with the provisions of the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the legal requirements for certification, including provisions on pay rates, working conditions, and other employment terms.

The key legal issues before the Commission were whether the agreement provided for minimum rates of pay and conditions of employment that met the statutory thresholds and whether it contained any provisions that were contrary to public policy or unfair. The Commission also had to consider whether the agreement had been made in good faith and whether it provided for appropriate mechanisms for the resolution of workplace disputes.

The Commission found that the proposed agreement was compliant with the Fair Work Act 2009. It met the requirements for minimum rates of pay and conditions, did not contain any provisions that were contrary to public policy or unfair, and was made in good faith. The agreement also included appropriate mechanisms for the resolution of workplace disputes. Consequently, the Commission approved the agreement, allowing it to be registered with the Fair Work Commission. This approval ensured that the terms of the agreement would be legally enforceable between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established