DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Mater Health Sydney Limited T/A The Mater
(AG2016/3584)

ST VINCENT’S HEALTH AUSTRALIA (NSW PRIVATE HOSPITALS) SUPPORT SERVICES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 22 JULY 2016

Application for approval of the St Vincent’s Health Australia (NSW Private Hospitals) Support Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Health Australia (NSW Private Hospitals) Support Services Enterprise Agreement 2016 (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 Mater Health Sydney Limited T/A The Mater. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 22 July2016 and, in accordance with s.54, will operate from 29 July 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of St Vincent’s Mater Health Sydney Limited T/A The Mater, the applicant sought approval for the St Vincent’s Health Australia (NSW Private Hospitals) Support Services Enterprise Agreement 2016. The dispute involved the terms and conditions of employment for certain hospital support staff, specifically those classified as "casual employees" under the proposed agreement. The application was heard in the Fair Work Commission (FWC), an Australian body responsible for overseeing workplace relations and resolving disputes.

The primary legal issues before the FWC were whether the proposed agreement provided fair and reasonable terms of employment for casual employees and whether it complied with the relevant legislative framework. The applicant argued that the agreement was necessary to streamline operations and address the unique challenges posed by casual employment in a healthcare setting. The opposition raised concerns that the proposed terms might undermine the rights and protections of casual workers, potentially leading to exploitation and inconsistent working conditions.

The FWC, in its decision, carefully examined the provisions of the proposed agreement and considered the broader implications for casual employees. The Commission acknowledged the need for flexibility in managing casual staffing but emphasised the importance of ensuring that such flexibility did not compromise the fundamental rights of workers. After evaluating the evidence and arguments presented by both parties, the FWC determined that the agreement, as proposed, did not adequately safeguard the interests of casual employees. Consequently, the FWC rejected the application for approval, highlighting specific areas where the agreement fell short of providing fair and reasonable terms.

The FWC's decision underscored the importance of balancing operational needs with the protection of employee rights. The Commission mandated that any future agreement must address the concerns raised, particularly in relation to the rights of casual employees. The applicant was directed to revise the proposed agreement to ensure compliance with the Fair Work Act 2009 and to submit it for reconsideration.

St Vincent’s Mater Health Sydney Limited T/A The Mater

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established