DECISION

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

St Vincent's Health and Aged Care Ltd T/A St Vincent's Care Services
(AG2015/2298)

ST VINCENT'S CARE SERVICES QUEENSLAND ENTERPRISE AGREEMENT 2014

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 17 APRIL 2015

Application for approval of the St Vincent's Care Services Queensland Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent's Care Services Queensland Enterprise Agreement 2014 (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 Health and Aged Care Ltd T/A St Vincent’s Hospital Brisbane. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Queensland Nurses Union, 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.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved St Vincent's Health and Aged Care Ltd, trading as St Vincent's Care Services, and various employees represented by unions. The dispute centred on the application for approval of the St Vincent's Care Services Queensland Enterprise Agreement 2014. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been made in accordance with the mandatory requirements of the Act, including whether it had been made without coercion and whether it provided for terms and conditions that were fair and reasonable. The Commission also considered whether the agreement contained provisions that were contrary to public policy or which had the effect of undermining the operation of the National Employment Standards or the National Safety and Health Standards.

The Fair Work Commission found that the agreement had been made without any element of coercion and contained terms and conditions that were fair and reasonable. The Commission noted that the agreement provided for a comprehensive set of terms and conditions, including provisions for wages, leave, and other employment-related matters. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or which had the effect of undermining the operation of the National Employment Standards or the National Safety and Health Standards. As such, the Commission approved the agreement.

The Fair Work Commission approved the St Vincent's Care Services Queensland Enterprise Agreement 2014, finding that it met the mandatory requirements of the Fair Work Act 2009 and contained terms and conditions that were fair and reasonable. The agreement now provides the basis for the employment of covered employees within the St Vincent's Care Services Queensland enterprise.

St Vincent's Health and Aged Care Ltd T/A St Vincent's Care Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established