St Vincent’s Private Hospitals Ltd Summary

[2023] FWCA 1148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd

(AG2023/833)

ST VINCENT’S PRIVATE HOSPITALS LTD VICTORIA HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER P RYAN	SYDNEY, 21 APRIL 2023

Application for approval of the St Vincent’s Private Hospitals Ltd Victoria Health Professionals Enterprise Agreement 2022

St Vincent’s Private Hospitals Ltd has made an application for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Ltd Victoria Health Professionals Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Sections 186, 187 and 188

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

Section 183 Bargaining representative

The Health Services Union (HSU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note that the Agreement covers the HSU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 28 April 2023. The nominal expiry date of the Agreement is 1 September 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, St Vincent’s Private Hospitals Ltd applied for the approval of the St Vincent’s Private Hospitals Ltd Victoria Health Professionals Enterprise Agreement 2022. The application was made under section 235 of the Fair Work Act 2009. The applicants sought approval of the agreement that was reached between the company and a group of health professionals employed by the hospital. The applicants argued that the agreement was in the best interests of the employees and the business, while no objections were lodged.

The court was required to determine whether the agreement was fair and reasonable, and whether it provided for the fair and equitable resolution of workplace issues. The court considered the evidence presented by both parties, including the terms of the agreement, the bargaining process, and the views of the employees and the employer. The court also considered the public interest in the resolution of workplace disputes and the importance of promoting industrial peace and harmony.

After considering the evidence, the court found that the agreement was fair and reasonable, and provided for the fair and equitable resolution of workplace issues. The court was satisfied that the agreement was reached through genuine and meaningful bargaining, and that the terms of the agreement were not oppressive or unfair to any party. The court also noted that the agreement provided for the resolution of workplace issues in a way that promoted industrial peace and harmony, and was in the best interests of the employees and the employer. The court approved the agreement and made an order to that effect.

St Vincent’s Private Hospitals Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established