St Vincent’s Private Hospital Melbourne Ltd Summary

[2013] FWCA 7283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospital Melbourne Ltd
(AG2013/9383)

ST VINCENT’S PRIVATE HOSPITAL MELBOURNE LIMITED MEDICAL SCIENTISTS AND DIETITIANS ENTERPRISE AGREEMENT 2013.

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 23 SEPTEMBER 2013

Application for approval of the St Vincent’s Private Hospital Melbourne Limited Medical Scientists and Dietitians Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospital Melbourne Limited Medical Scientists and Dietitians 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 Pty Ltd. The agreement is a single enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54, will operate from 30 September 2013. The nominal expiry date of the Agreement is 1 December 2016.

[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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincent’s Private Hospital Melbourne Limited applied to the Fair Work Commission for approval of the St Vincent’s Private Hospital Melbourne Limited Medical Scientists and Dietitians Enterprise Agreement 2013. The applicant sought to have the agreement approved under section 234 of the Fair Work Act 2009. The applicant argued that the agreement provided for the appropriate balance between the interests of employees and the business of the employer, and that the agreement was in the public interest.

The legal issues before the Commission included whether the agreement met the requirements of section 234 of the Fair Work Act 2009 and whether it was in the public interest. The Commission considered the appropriate balance between the interests of employees and the business of the employer, and whether the agreement provided for the appropriate balance between the interests of employees and the business of the employer. The Commission also considered whether the agreement was in the public interest.

The Fair Work Commission found that the agreement met the requirements of section 234 of the Fair Work Act 2009 and was in the public interest. The Commission found that the agreement provided for the appropriate balance between the interests of employees and the business of the employer. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes and that it was in the public interest.

The Fair Work Commission approved the St Vincent’s Private Hospital Melbourne Limited Medical Scientists and Dietitians Enterprise Agreement 2013 under section 234 of the Fair Work Act 2009.

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