DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke's Care
(AG2021/4)

ST LUKE'S CARE HEALTH SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2020 – 2023

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 18 FEBRUARY 2021

Application for approval of the St Luke's Care Health Sector Employees Enterprise Agreement 2020 – 2023.

[1] An application has been made for approval of an enterprise agreement known as the St Luke’s Care Health Sector Employees Enterprise Agreement 2020 – 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Luke’s Care. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit Court, the matter of St Luke's Care arose, focusing on the application for approval of the St Luke's Care Health Sector Employees Enterprise Agreement 2020 – 2023. The applicant, St Luke's Care, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement complied with the relevant provisions of the Act, particularly in terms of its fairness to the employees and its compliance with the objectives of the Act.

The court was tasked with determining several key legal issues. These included whether the agreement met the criteria for being a "bargaining agreement" as defined in the Fair Work Act, whether it was a "good faith" agreement, and whether it satisfied the "better off overall test." Additionally, the court had to consider whether the agreement provided for the fair and reasonable resolution of any disputes between the employer and the employees. The court's analysis involved a careful examination of the terms of the agreement, the bargaining process, and the impact of the agreement on the employees.

After thorough consideration, the court found that the agreement met the statutory requirements for approval. The court concluded that the agreement was a genuine collective bargaining agreement and was made in good faith. It was deemed to satisfy the better off overall test, ensuring that the employees were not worse off financially or in terms of conditions. The court also found that the agreement provided for fair and reasonable mechanisms for resolving disputes. Consequently, the application for approval was successful.

The final orders of the court included the approval of the St Luke's Care Health Sector Employees Enterprise Agreement 2020 – 2023. The agreement was to be registered with the Fair Work Commission, and the court directed that it would be binding on the parties from the date of registration. The decision confirmed the validity of the agreement and ensured that it would operate as a legally binding instrument for the specified period.

St Luke's Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established