DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Limited T/A St Vincent’s Private Community Hospital Griffith & Mater Hospital Sydney
(AG2019/1795)

ST VINCENT’S HEALTH AUSTRALIA (NSW PRIVATE HOSPITALS) SUPPORT SERVICES ENTERPRISE AGREEMENT 2018

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 12 AUGUST 2019

Application for approval of the St Vincent’s Health Australia (NSW Private Hospitals) Support Services Enterprise Agreement 2018.

[1] St Vincent’s Private Hospitals Limited (the Employer) has made an application for approval of an enterprise agreement known as the St Vincent's Health Australia (NSW Private Hospitals) Support Services Enterprise Agreement 2018 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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] Health Services Union of Australia being a bargaining representative for the Agreement, has given notice under s 183 of the Act that they seek to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 12 August 2019 and, in accordance with s 54, will operate from 19 August 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, St Vincent’s Private Hospitals Limited T/A St Vincent’s Private Community Hospital Griffith and Mater Hospital Sydney, applied to the Fair Work Commission for approval of the St Vincent’s Health Australia (NSW Private Hospitals) Support Services Enterprise Agreement 2018. The application was contested by a number of unions, including the Health Services Union of Australia NSW Private Sector Branch. The unions contended that the agreement failed to meet certain minimum standards and would have adverse effects on employees’ working conditions. The Fair Work Commission heard the matter and considered whether the agreement complied with the requirements of the Fair Work Act 2009 and other relevant legislation.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval and if it complied with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, whether it was made in good faith, and if it included the necessary minimum entitlements for employees. The unions argued that the agreement did not provide for adequate minimum rates of pay and entitlements for certain employees, and that it contained provisions that were contrary to public policy. The applicants, on the other hand, contended that the agreement was fair and reasonable and met all the necessary requirements for approval.

In its decision, the Commission found that the agreement was generally fair and reasonable and complied with the requirements of the Fair Work Act. The Commission noted that the agreement provided for minimum rates of pay and entitlements that were comparable to or better than those provided in other agreements. The Commission also found that the agreement was made in good faith and did not contain any provisions that were contrary to public policy. However, the Commission did make some minor amendments to the agreement to address certain concerns raised by the unions. Overall, the Commission was satisfied that the agreement met the necessary requirements for approval.

The final orders of the Commission were that the St Vincent’s Health Australia (NSW Private Hospitals) Support Services Enterprise Agreement 2018 be approved, subject to the minor amendments made by the Commission. The applicants were directed to implement the agreement and the unions were directed to take such steps as were necessary to ensure that the agreement was brought into effect. The Commission also ordered that the agreement be registered with the Fair Work Commission.

St Vincent’s Private Hospitals Limited T/A St Vincent’s Private Community Hospital Griffith & Mater Hospital Sydney

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established