St John of God Health Care T/A St John of God Accord Summary

[2014] FWCA 6447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St John of God Health Care T/A St John of God Accord
(AG2014/7193)

ST JOHN OF GOD ACCORD, ACCORD COMMUNITY ENGAGEMENT SERVICES (ACES) ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 15 SEPTEMBER 2014

Application for approval of the St John of God Accord, Accord Community Engagement Services (ACES) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St John of God Accord, Accord Community Engagement Services (ACES) Enterprise Agreement 2014 (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 trading as St John of God Accord. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer confirming the correct title of the Agreement.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 22 September 2014. The nominal expiry date of the Agreement is 30 June 2016.

[5] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement and is found at the end of the Agreement.

[6] The Australian Education Union 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were St John of God Health Care, trading as St John of God Accord, and Accord Community Engagement Services (ACES). The dispute centred on the application for the approval of the St John of God Accord, ACES Enterprise Agreement 2014, which was to be heard in the Fair Work Commission. The case required the Commission to consider whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement provided for the proper registration of employees and if it contained the necessary terms to be considered a protected action under the Fair Work Act 2009. The Commission had to determine if the agreement adequately covered the key elements, such as minimum wages and conditions, and if it had been fairly and properly negotiated. Additionally, the Commission examined whether the agreement complied with the procedural requirements for approval.

In reaching its decision, the Fair Work Commission evaluated the negotiation process and the content of the agreement. The Commission found that the agreement had been negotiated in good faith and that it contained all the necessary terms required by the Fair Work Act. The Commission concluded that the agreement was fair and balanced, and it approved the application for the enterprise agreement's registration. The Commission's decision was based on the evidence presented and the statutory requirements for such agreements.

The final orders of the Fair Work Commission were that the St John of God Accord, ACES Enterprise Agreement 2014, was approved and registered. This decision meant that the agreement became legally binding on the parties and would govern the employment conditions of the ACES employees as per the terms outlined in the agreement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established