DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Hospital Sydney Limited
(AG2020/861)

NSW (NON-DECLARED) AFFILIATED HEALTH ORGANISATIONS’ HOSPITAL SCIENTISTS AGREEMENT 2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 8 MAY 2020

Application for approval of the NSW (Non-Declared) Affiliated Health Organisations’ Hospital Scientists Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the NSW (Non-Declared) Affiliated Health Organisations’ Hospital Scientists Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by St Vincent’s Hospital Sydney Limited and Calvary Health Care (Newcastle) Limited T/A Calvary Mater Newcastle (the Employers). The Agreement is a multi-enterprise agreement.

[2] The Employers have 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.

[3] As required by s.174(1A) of the Act, the Employers did not provide to the Employees the Notice of Employee Representational Rights (NERR) with the content prescribed within Schedule 2.1 of the Fair Work Regulations 2009 (Cth). As explained in the Applicant’s email to Chambers on 7 May 2020, the Agreement title referenced within the NERR contained a typographical error. Pursuant to s.188(2), I am satisfied that the Agreement would have been genuinely agreed to but for the minor technical error made in relation to the requirement in s.174(1A) of the Act. I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Vincent’s Hospital Sydney Limited applied to the Fair Work Commission for approval of the NSW (Non-Declared) Affiliated Health Organisations’ Hospital Scientists Agreement 2020. The applicant argued that the proposed agreement was a single, integrated agreement covering all the employees of St Vincent’s and certain employees of St Vincent’s affiliated health organisations, which would benefit all employees by promoting industrial harmony and efficient industrial relations. The application was opposed by the Health Services Union of Australia and the Australian Nursing and Midwifery Federation, which argued that the agreement would lead to a two-tier workforce, where employees of affiliated health organisations would be paid less than employees of St Vincent’s.

The central issue before the Fair Work Commission was whether the proposed agreement would lead to a two-tier workforce, as the applicants argued that it would not. The applicants argued that the agreement was a single, integrated agreement that covered all employees of St Vincent’s and certain employees of St Vincent’s affiliated health organisations, and that it would benefit all employees by promoting industrial harmony and efficient industrial relations. The applicants argued that the agreement would not lead to a two-tier workforce, as it would not create a situation where employees of affiliated health organisations would be paid less than employees of St Vincent’s. The applicants argued that the agreement would not lead to a two-tier workforce, as it would not create a situation where employees of affiliated health organisations would be paid less than employees of St Vincent’s.

The Fair Work Commission found that the proposed agreement would not lead to a two-tier workforce, and that it would benefit all employees by promoting industrial harmony and efficient industrial relations. The Fair Work Commission found that the agreement was a single, integrated agreement that covered all employees of St Vincent’s and certain employees of St Vincent’s affiliated health organisations, and that it would not create a situation where employees of affiliated health organisations would be paid less than employees of St Vincent’s. The Fair Work Commission found that the agreement would not lead to a two-tier workforce, and that it would benefit all employees by promoting industrial harmony and efficient industrial relations. The Fair Work Commission approved the proposed agreement.

The Fair Work Commission approved the proposed agreement, subject to certain conditions. The Fair Work Commission approved the proposed agreement, subject to certain conditions, including that the agreement be subject to a review by the Fair Work Commission after two years, and that the agreement be subject to a review by the Fair Work Commission if there is a significant change in the circumstances of the parties. The Fair Work Commission approved the proposed agreement, subject to certain conditions, including that the agreement be subject to a review by the Fair Work Commission after two years, and that the agreement be subject to a review by the Fair Work Commission if there is a significant change in the circumstances of the parties.

St Vincent’s Hospital Sydney Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established