St John Of God Health Care Inc Trading AS St John Of God Health Care

[2025] FWCA 2765

[2025] FWCA 2765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St John Of God Health Care Inc Trading AS St John Of God Health Care

(AG2025/2214)

ST JOHN OF GOD HEALTH CARE INC. (VICTORIA) NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2025

Health and welfare services
COMMISSIONER ALLISON	MELBOURNE, 19 AUGUST 2025

Application for approval of the St John of God Health Care Inc. (Victoria) Nurses and Midwives Enterprise Agreement 2025

1. St John of God Health Care Inc Trading AS St John of God Health Care (the Applicant) has made an application, pursuant to s.185 of the Fair Work Act 2009 (the Act), for approval of a single enterprise agreement known as the St John of God Health Care Inc. (Victoria) Nurses and Midwives Enterprise Agreement 2025 (the Agreement).  

1. The Australian, Nursing and Midwifery Federation, 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. 

1. The Agreement title is ‘St John of God Health Care Inc. (Victoria) Nurses and Midwives Enterprise Agreement 2025.’ However, the title of the NERR is ‘St John of God Health Care Inc. (Victoria) Nurses Enterprise Agreement 2025’. I am satisfied that these were minor procedural or technical errors and that the employees were not likely to have been disadvantaged by them. Accordingly, I exercise the discretion conferred by s.188(5) of the Act to disregard these errors.

1. The following provisions may be inconsistent with the National Employment Standards (NES):

1. Clause 32(i) states if it is not practicable for the employee to give prior notice of absence, the employee must notify the employer by telephone of such absence at the first opportunity on the day of absence. This is inconsistent with s.107(2) of the Act which provides for notice to be given as soon as reasonably practicable (which may be a time after the leave has started).

1. Clause 31(e) of the Agreement provides the employer and the employees may, by agreement, substitute another day for a public holiday. This appears to be inconsistent with s.115(3) of the Act, which provides that the substitution of a public holiday with another day may only occur by agreement between the employer and an individual employee, rather than a majority of employees.

1. However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. Agreement provisions relating to Sunday penalty rates and Sunday overtime are below the equivalent provisions in the Nurses Award 2020. Despite the higher rates of pay in the Agreement, this may result in employees in certain classifications not being better off under the Agreement. The Applicant has addressed these concerns by providing undertakings that employees will not be engaged in certain classifications during the life of the agreement.

1. 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. 

1. 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. 

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2025. The nominal expiry date of the Agreement is 30 September 2027. 

COMMISSIONER

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Annexure A