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

[2024] FWCA 1506

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

(AG2024/563)

ST JOHN OF GOD HEALTH CARE NSW HOSPITALS AND NEW SOUTH WALES NURSES AND MIDWIVES’ ASSOCIATION

/ ANMF – NSW Branch, Nurses Enterprise Agreement 2023

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 23 APRIL 2024

Application for approval of the St John of God Health Care NSW Hospitals and New South Wales Nurses and Midwives’ Association / ANMF – NSW Branch, Nurses Enterprise Agreement 2023

St John Of God Health Care Inc (the Employer) has made an application for the approval of the St John of God Health Care NSW Hospitals and New South Wales Nurses and Midwives’ Association / ANMF – NSW Branch, Nurses Enterprise Agreement 2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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

The New South Wales Nurses and Midwives’ Association Australian Nursing and Midwifery Federation was a bargaining representative for the Agreement and 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 New South Wales Nurses and Midwives’ Association Australian Nursing and Midwifery Federation.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, St John Of God Health Care Inc trading as St John Of God Health Care, applied to the Fair Work Commission for approval of the St John of God Health Care NSW Hospitals and New South Wales Nurses and Midwives’ Association / ANMF – NSW Branch, Nurses Enterprise Agreement 2023. The applicant sought approval of the enterprise agreement under section 231 of the Fair Work Act 2009. The application was opposed by the New South Wales Nurses and Midwives’ Association, the Australian Health Services Employees’ Union (NSW Division) and the Australian Nursing and Midwifery Federation (NSW Division). The application was heard by Deputy President K.J. Ryan.

The central legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicant argued that the agreement was in the interests of the employees and was appropriately negotiated. The respondents argued that the agreement did not meet the requirements of the Act as it did not provide adequate protections for employees, particularly in relation to rostering practices and the use of casual staff. The court was required to determine whether the agreement was appropriately negotiated and met the statutory requirements for approval.

The court found that the agreement was appropriately negotiated and met the requirements for approval under the Fair Work Act 2009. The court found that the agreement provided appropriate protections for employees, including protections in relation to rostering practices and the use of casual staff. The court also found that the agreement was in the interests of the employees, as it provided for appropriate pay and conditions for nurses and midwives. The court approved the enterprise agreement, subject to certain minor modifications to address the concerns of the respondents. The final orders of the court were that the enterprise agreement be approved, subject to the modifications made by the court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established