DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Luke’s Care
(AG2017/5727)

ST LUKE’S CARE EMPLOYEES AND HEALTH SERVICES UNION NEW SOUTH WALES BRANCH ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 27 APRIL 2018

Application for approval of the St Luke’s Care Employees and Health Services Union New South Wales Branch Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the St Luke’s Care Employees and Health Services Union New South Wales Branch Enterprise Agreement 2017-2020 (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 Applicant 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.

[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 lodged contained an error at clause 38. On 27 April 2018, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 May 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, St Luke’s Care, represented by the Applicant, sought approval of the St Luke’s Care Employees and Health Services Union New South Wales Branch Enterprise Agreement 2017-2020. The Respondent, the St Luke’s Care Employees and Health Services Union New South Wales Branch, opposed the application. The primary issue before the Commission was whether the agreement met the requirements under section 230 of the Fair Work Act 2009, including that it provided for fair and reasonable terms and conditions and did not contravene the general protections provisions of the Act.

The Commission evaluated the provisions of the agreement against the legal criteria and considered the submissions from both parties. It found that the agreement did not unfairly disadvantage any employee and met the requirement of being fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, hours of work, leave, and dispute resolution mechanisms. The Commission was satisfied that the agreement did not contravene any of the general protections provisions and was in compliance with the relevant legislative requirements.

Accordingly, the Commission approved the agreement as meeting the necessary criteria under the Fair Work Act. The approval of the agreement was made on the condition that it would be subject to any orders made by the Commission in any subsequent application for the resolution of a dispute under the Act. The final orders included the approval of the St Luke’s Care Employees and Health Services Union New South Wales Branch Enterprise Agreement 2017-2020, effective from 1 July 2017.

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