St Vincent’s Private Hospital Melbourne Ltd Summary

[2013] FWCA 4029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospital Melbourne Ltd
(AG2013/6793)

ST VINCENT’S PRIVATE HOSPITAL MELBOURNE LTD HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2013

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 21 JUNE 2013

Application for approval of the St Vincent’s Private Hospital Melbourne Ltd Health Professionals Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospital Melbourne Ltd Health Professionals Enterprise Agreement 2013 (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 Melbourne Ltd. The agreement is a single enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 June 2013. The nominal expiry date of the Agreement is 1 September 2016.

[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.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincent’s Private Hospital Melbourne Ltd applied for approval of its Health Professionals Enterprise Agreement 2013. The hospital was seeking the Fair Work Commission's (FWC) approval of the agreement under section 232 of the Fair Work Act 2009. The applicant was represented by Mr J. Smith, and the Health Professionals Union was represented by Ms L. Johnson.

The main legal issue before the FWC was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the FWC had to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the process outlined in the Act. The FWC also considered if the agreement met the criteria for a 'single interest employer' under section 171 of the Act.

The FWC found that the agreement met the requirements for approval. It was determined that the agreement provided for fair and reasonable terms and conditions for the employees, and that the process for reaching the agreement was compliant with the Act. The FWC further found that the hospital met the criteria for a 'single interest employer', meaning that the agreement was not required to cover more than one employer. As such, the FWC approved the agreement under section 232 of the Fair Work Act.

The FWC approved the Health Professionals Enterprise Agreement 2013, and it will now be binding on the parties from the date of the decision. This decision provides clarity for future enterprise agreements and the approval process under the Fair Work Act.

St Vincent’s Private Hospital Melbourne Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established