St Vincent’s Care Services Ltd T/A St Vincent’s Care Services Victoria

[2023] FWCA 459

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 Victoria

(AG2022/5576)

St Vincent’s Care Services Victoria Enterprise Agreement 2022 - 2025

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 FEBRUARY 2023

Application for approval of the St Vincent’s Care Services Victoria Enterprise Agreement 2022 - 2025

An application has been made for approval of an enterprise agreement known as the St Vincent’s Care Services Victoria Enterprise Agreement 2022 - 2025 (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 Victoria. 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. The undertakings are taken to be a term of the Agreement.

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.

The Health Services Union and the 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 it. 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 22 February 2023. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the St Vincent’s Care Services Victoria Enterprise Agreement 2022 - 2025. The applicant, St Vincent’s Care Services Ltd T/A St Vincent’s Care Services Victoria, sought the commission's approval of the proposed agreement, which was intended to regulate the terms and conditions of employment for its employees within the specified period. The dispute arose from the need to ensure the agreement complied with the Fair Work Act 2009 and met the criteria for being a low-paid industry agreement.

The key legal issues that the commission had to address included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether it had been negotiated in good faith, and if it adequately protected the rights and interests of the employees. Additionally, the commission needed to determine if the agreement was likely to ensure the ongoing viability of St Vincent’s Care Services Victoria and maintain or improve the financial sustainability of the enterprise.

In delivering its decision, the commission found that the proposed agreement met all the necessary requirements. It was determined that the agreement contained all the mandatory terms, had been negotiated in good faith, and provided appropriate protections for employees. The commission was satisfied that the agreement would ensure the enterprise's viability and maintain its financial sustainability. Consequently, the commission approved the St Vincent’s Care Services Victoria Enterprise Agreement 2022 - 2025, confirming its compliance with the statutory framework and its suitability for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established