St John of God Outreach Services Summary

[2024] FWCA 3078

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

St John of God Outreach Services

(AG2024/2765)

ST JOHN OF GOD ACCORD RESIDENTIAL SERVICES ENTERPRISE AGREEMENT

2024

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 22 AUGUST 2024

Application for approval of the St John of God Accord Residential Services Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the St John of God Accord Residential Services Enterprise Agreement 2024 (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 Outreach Services. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a different title for the Agreement to the one noted above. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(2) of the Act.

I observe that clause 22(h) of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 8 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.
The Health Services Union Victoria No 1 Branch, trading as the Health Workers Union (HWU) and the Health Services Union of Australia No 2 Branch trading as Health and Community Services Union both 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.

The Agreement is approved and in accordance with s.54, will operate from 29 August 2024. The nominal expiry date of the Agreement is 31 March 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

St John of God Outreach Services sought approval for the St John of God Accord Residential Services Enterprise Agreement 2024 in the Fair Work Commission. The dispute involved the terms and conditions of employment for residential services staff under the enterprise agreement. The Commission was required to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement complied with the provisions of the Act, particularly in relation to minimum wages, penalties, and the overall fairness of the terms and conditions. The applicant argued that the agreement was in the best interests of the employees, while the respondent raised concerns about potential breaches of minimum wage and penalty rate provisions.

The Fair Work Commission assessed the agreement against the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions. The Commission found that the agreement met the necessary standards, including the provision of minimum wages and penalty rates. It also concluded that the agreement was in the best interests of the employees, considering factors such as the level of consultation, the fairness of the terms, and the absence of significant objections from the parties involved.

The Commission approved the St John of God Accord Residential Services Enterprise Agreement 2024, finding it to be fair and reasonable and in the best interests of the employees. The agreement was approved and registered under the Fair Work Act 2009.

St John of God Outreach Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established