DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Vincent's Care Services Ltd
(AG2019/4864)

ST VINCENT’S CARE SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2018 – 2021

Aged care industry
DEPUTY PRESIDENT ASBURY	BRISBANE, 28 APRIL 2020

Application for approval of the St Vincent's Care Services Queensland Enterprise Agreement 2018 - 2021.

[1] St Vincent’s Care Services Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the St Vincent’s Care Services Queensland Enterprise Agreement 2018 – 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Australian Nursing and Midwifery Federation (the ANMF) and The Australian Workers’ Union are bargaining representatives of the Agreement. The ANMF opposed the approval of the Agreement on grounds set out in a Form F18 - Declaration of employee organisation in relation to an application for approval of enterprise Agreement. The ANMF’s position was supported by the AWU. A hearing was conducted to allow the ANMF to make submissions and call evidence in relation to its opposition to the approval of the Agreement.

[3] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to the operation of certain clauses and whether the Agreement passes the better off overall test (BOOT). The views of the bargaining representatives were sought in relation to the undertakings. Those views were reflected in various iterations of the undertakings and the ANMF and the AWU have indicated that they accept that the undertakings address the concerns raised in relation to whether the Agreement passes the BOOT and/or they do not wish to be heard further in relation to the undertakings. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[4] After considering the submissions and material tendered by the ANMF at the hearing in relation to other issues the ANMF had with the approval of the Agreement and the submissions of the Applicant in support of approval I have decided to approve the Agreement. In so deciding I am satisfied that each of the requirements of ss. l86, 187 and 188 as are relevant to this application for approval have been met. A Decision setting out my reasons for deciding to approve the Agreement will issue in due course.

[5] The ANMF and the Australian Workers’ Union being bargaining representatives for the Agreement have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[6] The Agreement is approved in accordance with s.54 of the Act and will operate from 5 May 2020. The nominal expiry date of the Agreement is 30 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission (FWC) considered an application by St Vincent's Care Services Limited for approval of the St Vincent's Care Services Queensland Enterprise Agreement 2018-2021. The applicant is an aged care provider operating in Queensland and the agreement was entered into with the Health Services Union of Australia. The dispute centred on the procedural fairness of the enterprise agreement, specifically the adequacy of the ballot process and the timing of the communication of the proposed agreement to the employees.

The court was required to determine whether the ballot process was conducted in a fair and transparent manner, and whether the employees had sufficient information to make an informed decision about the proposed agreement. The key issue was whether the applicant had adequately notified the employees about the proposed changes, including any potential implications for their employment conditions.

The FWC found that the ballot process was procedurally fair, and that the employees had been provided with sufficient information to make an informed decision. The court noted that the applicant had taken reasonable steps to ensure that the employees were aware of the proposed changes, including holding meetings and distributing materials. The FWC also found that the timing of the communication of the proposed agreement was reasonable, given the need to balance the interests of the employer and the employees. The applicant was granted approval of the enterprise agreement.

The FWC emphasised the importance of ensuring that employees are properly informed about proposed changes to their employment conditions, and that the ballot process is conducted in a fair and transparent manner. The FWC also noted that the employer has a duty to provide employees with sufficient information to make an informed decision, and that this includes any potential implications for their employment conditions.

St Vincent's Care Services Ltd

DECISION

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