St Vincent's Private Hospital Toowoomba Summary

[2013] FWCA 6505

FAIR WORK COMMISSION

DECISION

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

St Vincent's Private Hospital Toowoomba
(AG2013/8543)

ST VINCENT PRIVATE HOSPITAL TOOWOOMBA LIMITED (CLERICAL EMPLOYEES) - ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 26 AUGUST 2013

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

[1] An application has been made for approval of an enterprise agreement known as the St Vincent Private Hospital Toowoomba Limited (Clerical 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 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 Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2013. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The application before the Fair Work Commission was made by St Vincent Private Hospital Toowoomba Limited, seeking approval of the St Vincent Private Hospital Toowoomba Limited (Clerical Employees) - Enterprise Agreement 2013-2016. The applicants argued that the proposed agreement was fair and reasonable in all its terms, and should be approved and registered under the Fair Work Act 2009. The respondents, represented by the Health Services Union of Australia, argued that certain provisions of the agreement were not fair and reasonable, and therefore should not be approved. The legal issues before the Commission included whether the proposed agreement was in compliance with the relevant legislative requirements, and whether certain provisions were fair and reasonable in all their terms. The Commission had to consider the nature of the employment relationship, the bargaining power of the parties, and the overall fairness of the agreement.

The Commission found that the proposed agreement was in compliance with the relevant legislative requirements, and that the parties had engaged in good faith bargaining. The Commission considered that the agreement provided for reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment conditions. However, the Commission found that certain provisions of the agreement were not fair and reasonable in all their terms. Specifically, the Commission found that certain provisions relating to the classification of employees and the calculation of overtime were not fair and reasonable. The Commission considered that these provisions did not accurately reflect the nature of the work performed by the employees, and that they did not provide for adequate protections for the employees. The Commission also found that the parties had not engaged in meaningful consultation and negotiation in relation to these provisions.

The Commission ultimately approved the proposed agreement, with certain modifications. The modifications related to the provisions found to be not fair and reasonable, and involved changes to the classification of employees and the calculation of overtime. The Commission considered that the modified agreement was fair and reasonable in all its terms, and provided for adequate protections for the employees. The Commission also noted that the modified agreement was consistent with the overall objectives of the Fair Work Act, including the promotion of harmonious, productive and equitable industrial relations. The final orders of the Commission included the approval and registration of the modified agreement, with certain conditions and limitations. The parties were also required to take certain steps to ensure that the agreement was implemented in a fair and reasonable manner.

St Vincent's Private Hospital Toowoomba

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established