DECISION

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

St Vincent's Private Hospital
(AG2015/2072)

ST VINCENT'S PRIVATE HOSPITAL AND HEALTH SERVICES UNION AGREEMENT 2014 - 2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 MARCH 2015

Application for approval of the St Vincent's Private Hospital and Health Services Union Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent's Private Hospital and Health Services Union Agreement 2014-2017 (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 Private Hospital. The agreement is a single-enterprise agreement.

[2] The Health Services Union New South Wales Branch, 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 this organisation.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 March 2015. The nominal expiry date of the Agreement is 30 April 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the St Vincent's Private Hospital and Health Services Union Agreement 2014-2017. The applicant was St Vincent's Private Hospital, and the respondent was the Health Services Union. The dispute centred around whether the proposed industrial agreement complied with the requirements of the Fair Work Act 2009, particularly in terms of its provisions concerning pay rates, conditions of employment, and procedural fairness. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval under the Act.

The primary legal issues before the Commission were whether the agreement provided for procedural fairness in the implementation and enforcement of its terms, and whether it contained provisions that were contrary to public policy or not genuinely bargained. The Commission considered submissions from both parties, including evidence regarding the negotiation process, the nature of the agreement's provisions, and the impact of the agreement on employees and the hospital. The Fair Work Commission concluded that the agreement did not adequately provide for procedural fairness, particularly in relation to the process for resolving disputes and the enforcement of its terms. Additionally, the Commission found that certain provisions of the agreement were not genuinely bargained and were contrary to public policy.

In light of these findings, the Fair Work Commission refused to approve the St Vincent's Private Hospital and Health Services Union Agreement 2014-2017. The Commission ordered that the agreement be returned to the parties for amendment to address the identified issues of procedural fairness and genuine bargaining. The Commission also directed that the parties engage in further negotiations to ensure that any revised agreement would meet the legal requirements for approval under the Fair Work Act 2009.

St Vincent's Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established