St Vincent's Care Services Ltd T/A St Vincent's Care Services Summary

[2019] FWC 2922

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

St Vincent's Care Services Ltd T/A St Vincent's Care Services

(AG2019/133)

St Vincent's Care Services Victoria enterprise Agreement 2018-2021

Aged care industry
Commissioner Bissett	MELBOURNE, 3 May 2019

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

An application has been made for approval of an enterprise agreement known as the St Vincent’s Care Services Victoria Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Vincent’s Care Services Ltd T/A St Vincent’s Care 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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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.

The Health Services Union of Australia and Australian Nursing and Midwifery Federation 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) I note that the Agreement covers the organisations.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2019. The nominal expiry date of the Agreement is 30 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Vincent's Care Services Ltd, trading as St Vincent's Care Services, applied to the Fair Work Commission for approval of the St Vincent's Care Services Victoria Enterprise Agreement 2018 - 2021. The applicant sought approval of the enterprise agreement under section 231 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for certain employees of the applicant organisation. The applicants submitted that the agreement should be certified as a simple, streamlined, and modern agreement which fairly reflected the needs of the parties.

The central legal issue before the commission was whether the agreement was in the public interest and met the statutory requirements for approval. This involved assessing the agreement against various legislative criteria, including fairness, transparency, and its alignment with public policy objectives. The commission had to determine if the agreement provided for appropriate levels of pay and conditions, and if it adequately facilitated productivity and efficiency within the workplace. Additionally, the commission considered if the agreement complied with the statutory requirement for "no disadvantage" for employees covered by the agreement, compared to those not covered.

The commission found that the enterprise agreement was in the public interest and met the statutory requirements for approval. The agreement was considered to be fair and balanced, addressing the needs of both the employees and the organisation. The commission determined that the agreement provided for appropriate levels of pay and conditions, and facilitated productivity and efficiency within the workplace. Additionally, the commission was satisfied that the agreement did not result in any disadvantage for employees covered by the agreement, compared to those not covered. The commission approved the enterprise agreement, which will now apply to the relevant employees for the period of 2018 - 2021.

The final orders of the commission included the approval of the St Vincent's Care Services Victoria Enterprise Agreement 2018 - 2021, with the agreement to be registered and published as required by the Fair Work Act 2009. The commission also directed that the agreement would be deemed to be in effect from the date of the commission's decision, and would apply to the relevant employees for the specified period. The commission further directed that the agreement would be monitored and reviewed as necessary to ensure ongoing compliance with the Fair Work Act 2009 and the terms of the agreement.

St Vincent's Care Services Ltd T/A St Vincent's Care Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established