DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care Inc T/A St John of God Pathology Victoria
(AG2016/317)

ST JOHN OF GOD PATHOLOGY VICTORIA - HEALTH SERVICES UNION - CAREGIVER ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 21 MARCH 2016

Application for approval of the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2015.

[1] On 17 February 2016 St John of God Health Care Inc T/A St John of God Pathology Victoria (Applicant) made an application for approval of the St John of God Pathology Victoria – Health Services Union – Caregiver Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Health Services Union of Australia has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, has been met.

[5] The Health Services Union of Australia, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 March 2016. The nominal expiry date of the Agreement is 30 September 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, St John of God Health Care Inc T/A St John of God Pathology Victoria sought approval for the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2015. The Health Services Union, representing the employees, contested the application on various grounds, including concerns over the fairness and adequacy of the proposed agreement terms.

The primary legal issues addressed by the Commission were whether the agreement was procedurally sound and whether it contained terms that were fair and reasonable. Procedurally, the Commission examined whether the union had properly represented its members and whether the bargaining process adhered to the requisite legal standards. As for the substantive fairness of the agreement, the Commission considered whether the proposed terms were equitable for both the employer and the employees, taking into account industry standards and broader economic factors.

The Fair Work Commission found that the agreement was procedurally valid, as it was the result of genuine and good faith bargaining. The Commission also determined that the terms of the agreement were fair and reasonable, noting that they provided for a balanced distribution of benefits and obligations between the parties. The agreement was approved, reflecting the Commission's view that it met the necessary criteria for fairness and reasonableness.

The final orders of the Commission included the approval of the St John of God Pathology Victoria - Health Services Union - Caregiver Enterprise Agreement 2015, effective from the date of the decision. This outcome ensures that the agreed terms will govern the employment conditions of the caregivers at St John of God Pathology Victoria, providing clarity and certainty for both the employer and the employees.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established