St Vincent's Private Hospital Toowoomba

[2013] FWCA 5814

FAIR WORK COMMISSION

DECISION

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

St Vincent's Private Hospital Toowoomba
(AG2013/8041)

ST VINCENT'S PRIVATE HOSPITAL TOOWOOMBA LIMITED (SUPPORT SERVICES EMPLOYEES) - ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 19 AUGUST 2013

Application for approval of the St Vincent's Private Hospital Toowoomba Limited (Support Services Employees) - Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent's Private Hospital Toowoomba Limited (Support Services Employees) - Enterprise Agreement 2013-2016 (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 Private Hospital Toowoomba. 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 Australian Workers’ Union of Employees, Queensland, 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 August 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincent's Private Hospital Toowoomba Limited and the Health Services Union of Australia (HSU) brought an application before the Fair Work Commission seeking approval of the St Vincent's Private Hospital Toowoomba Limited (Support Services Employees) - Enterprise Agreement 2013-2016. The applicant hospital argued that the enterprise agreement was fair and reasonable, while the HSU contended that the agreement was unfair to the employees it covered. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the enterprise agreement was made in good faith and whether it was procedurally sound. The Commission considered whether the agreement covered all employees in the bargaining unit, whether it contained all the prescribed terms and conditions, and whether the agreement was consistent with the Fair Work Act and the Fair Work Regulations. The HSU argued that the agreement failed to adequately protect employees' entitlements and that the process by which it was negotiated was flawed.

The Fair Work Commission found that the enterprise agreement was procedurally sound and had been made in good faith. The Commission was satisfied that all the prescribed terms and conditions were included in the agreement and that it was consistent with the Fair Work Act and the Fair Work Regulations. The Commission held that while there were areas of concern raised by the HSU, they did not reach the threshold of unfairness required to invalidate the agreement. Accordingly, the Commission approved the enterprise agreement.

The Commission ordered that the St Vincent's Private Hospital Toowoomba Limited (Support Services Employees) - Enterprise Agreement 2013-2016 be approved as a registered agreement. The agreement was to be registered on the Register of Approved Agreements, and it would be in effect from the date of the Commission's decision until it was replaced or terminated in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established