DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospital
(AG2020/798)

ST VINCENT’S HEALTH AUSTRALIA (QUEENSLAND PRIVATE HOSPITALS) ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 28 APRIL 2020

Application for approval of the St Vincent’s Health Australia (Queensland Private Hospitals) Allied Health Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Health Australia (Queensland Private Hospitals) Allied Health Enterprise Agreement 2019 (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 Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Australian, Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (Together ASU), lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that Together ASU wants the Agreement to cover it.

[6] In accordance with s.201(2) of the Act, I note the Agreement covers Together ASU.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of St Vincent’s Private Hospital, the Fair Work Commission was called upon to approve the St Vincent’s Health Australia (Queensland Private Hospitals) Allied Health Enterprise Agreement 2019. The dispute centred around the terms of this agreement, specifically whether they met the statutory requirements for approval under the Fair Work Act 2009. The applicant, St Vincent’s Health Australia, sought the Commission's approval to implement the agreement, which aimed to regulate the terms and conditions of employment for allied health professionals within its Queensland private hospitals.

The primary legal issue before the Commission was whether the agreement was a "modern award" as defined in the Fair Work Act. This required the Commission to examine whether the agreement provided for a safety net of minimum wages and conditions, provided for a streamlined process for employees to seek improvements, and allowed for flexibility in bargaining terms. The Commission also needed to assess if the agreement adhered to the principles of the Fair Work Act, including the avoidance of unnecessary complexity and the promotion of productive and harmonious workplace relations.

In reaching its decision, the Commission considered the structure and content of the agreement. It found that the agreement provided for a comprehensive safety net, ensuring that all employees were covered by fair wages and conditions. The agreement also incorporated mechanisms for dispute resolution and opportunities for employees to seek improvements to their conditions. Additionally, the Commission noted the agreement's alignment with the principles of the Fair Work Act, including its simplicity and promotion of productive workplace relations. Based on these findings, the Commission concluded that the agreement met the statutory requirements and approved it.

As a result of this decision, the St Vincent’s Health Australia (Queensland Private Hospitals) Allied Health Enterprise Agreement 2019 was approved, allowing it to be implemented across the relevant hospitals. This decision provides clarity for both employers and employees regarding the terms and conditions of employment for allied health professionals within the St Vincent’s network.

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