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

[2025] FWCA 2947

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

(AG2025/2872)

ST JOHN OF GOD HEALTH CARE (VICTORIAN HOSPITALS) HEALTH AND ALLIED SERVICES ENTERPRISE AGREEMENT 2025

Health and welfare services
COMMISSIONER REDFORD	MELBOURNE, 11 SEPTEMBER 2025

Application for approval of the St John of God Health Care (Victorian Hospitals) Health and Allied Services Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the St John of God Health Care (Victorian Hospitals) Health and Allied Services Enterprise Agreement 2025 (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 (St John of God). The Agreement is a single enterprise agreement.

Undertakings

In response to several issues raised with St John of God in relation to its application, it has provided further submissions and written undertakings. The views of the bargaining representatives were sought in relation to these, and there was no objection raised. A copy of the undertakings are attached at 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.

The undertakings relate to:

a.Casual employee overtime
b.Meal allowance

Interaction with the National Employment Standards

Clause 8 of the Agreement provides that where the National Employment Standards (NES) is more favourable to an employee in a particular respect than a provision of the Agreement, the NES will prevail in that respect (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

a.Public holiday substitution (clause 36(e) of the Agreement);
b.Redundancy pay – suitable alternative employment (clause 56(g) of the Agreement) (see further s 120 of the Act).

Consideration

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.

The Heath Services Union of Australia No 1 Branch (t/as the Health Workers Union) (HWU) and the Communication, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), each being being a bargaining representative for the Agreement, have 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 HWU and the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

St John of God Health Care Inc T/A St John of God Health Care applied for the approval of the St John of God Health Care (Victorian Hospitals) Health and Allied Services Enterprise Agreement 2025. The dispute arose under the Fair Work Act 2009 and was heard by the Fair Work Commission (FWC). The agreement was being considered for direct registration, as it was an improvement agreement that complied with certain conditions stipulated by the legislation.

The central legal issues before the FWC were whether the proposed agreement met all the statutory requirements for direct registration. This involved assessing whether the agreement was an improvement agreement and whether it was in the best interests of the employees and the employer. The FWC had to ensure that the agreement provided for fair and reasonable terms and conditions, including provisions for pay, hours of work, and other employment conditions, and that it met the criteria set out in the Fair Work Act.

In its decision, the FWC found that the proposed agreement was indeed an improvement agreement as it contained provisions that were better than those provided for in the relevant awards. The FWC also determined that the agreement was in the best interests of the employees and the employer, as it provided for fair and reasonable terms and conditions that balanced the interests of both parties. The FWC took into account the evidence provided by both parties and the broader economic context. The FWC concluded that the agreement met all the statutory requirements and approved the agreement for direct registration.

The FWC approved the St John of God Health Care (Victorian Hospitals) Health and Allied Services Enterprise Agreement 2025 for direct registration, effective from the date of the decision. This approval means that the agreement will apply to the employees covered by it, and the terms and conditions set out in the agreement will be legally binding on both the employer and the employees.

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