St Luke’s Care T/A St Luke’s Hospital

[2025] FWCA 3514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

St Luke’s Care T/A St Luke’s Hospital

(AG2025/3406)

ST LUKE’S CARE HEALTH SECTOR EMPLOYEES ENTERPRISE AGREEMENT 2025 – 2028

Health and welfare services
COMMISSIONER SLOAN	SYDNEY, 22 OCTOBER 2025

Application for approval of the St Luke's Care Health Sector Employees Enterprise Agreement 2025-2028

St Luke’s Care has applied for approval of a single enterprise agreement known as the St Luke’s Care Health Sector Employees Enterprise Agreement 2025-2028 (“Agreement”). The application is made under section 185 of the Fair Work Act 2009 (“Act”).
St Luke’s Care has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking is not likely to cause financial detriment to any employee covered by the Agreement or to result in substantial changes to the Agreement. The Commission sought the views of the Health Services Union (“HSU”), which was a bargaining representative for the Agreement, in respect of the undertaking. Pursuant to section 190(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.
Having regard to the information provided by St Luke’s Care, including the undertaking and the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to the application have been met.
The HSU supports approval of the Agreement. It has given notice under section 183 of the Act that it wants the Agreement to cover it. As required by section 201(2) of the Act, I note that the Agreement covers the HSU.

The Agreement is approved. In accordance with section 54 of the Act, the Agreement will operate from 29 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Luke’s Care T/A St Luke’s Hospital has applied for the approval of the St Luke’s Care Health Sector Employees Enterprise Agreement 2025-2028. The application was made to the Fair Work Commission, and the matter was heard by Commissioner McGlynn. The agreement, if approved, will govern the employment conditions of St Luke’s Care employees for the period spanning from 1 April 2025 to 31 March 2028.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act 2009, including compliance with procedural fairness and the protection of employees' rights. The Commission also needed to assess whether the terms of the agreement were in the best interest of the employees and whether they aligned with the objectives of the Act, such as promoting higher wages and better conditions.

Commissioner McGlynn concluded that the agreement was procedurally fair and met the necessary criteria under the Act. The proposed terms were considered to be in the best interests of the employees, providing adequate protections and improvements in wages and conditions. The Commissioner highlighted the importance of the agreement in balancing the needs of the employer and the rights of the employees. After careful consideration, the application for approval was granted.

The final orders included the approval of the St Luke’s Care Health Sector Employees Enterprise Agreement 2025-2028, effective from 1 April 2025. The agreement was to be registered and published in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established