St Vincent’s Private Hospitals Ltd Summary

[2023] FWCA 354

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd

(AG2022/5504)

ST VINCENT’S PRIVATE HOSPITALS HEALTH AND ALLIED SERVICES STAFF ENTERPRISE AGREEMENT 2022

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 4 FEBRUARY 2023

Application for approval of the St Vincent's Private Hospitals Health and Allied Services Staff Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Health and Allied Services Staff Enterprise Agreement 2022 (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 Hospitals Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Health Services Union 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 February 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the St Vincent's Private Hospitals Limited, the case was heard before the Fair Work Commission, which was tasked with determining whether the St Vincent's Private Hospitals Health and Allied Services Staff Enterprise Agreement 2022 should be approved. This agreement was proposed by the St Vincent's Private Hospitals Limited and the Australian Council of Healthcare Employees. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement, with particular attention given to whether the agreement complied with relevant statutory provisions and was fair and reasonable.

The primary legal issues before the Commission involved assessing whether the proposed enterprise agreement met the statutory requirements set forth in the Fair Work Act 2009. This included evaluating whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements necessary for its approval. Additionally, the Commission considered whether the agreement met the criteria for being classified as a low-paid industry agreement, which would exempt it from certain approval processes.

The Commission, in its decision, examined the proposed agreement's provisions concerning wages, working hours, leave entitlements, and other conditions of employment. It also considered the submissions made by both parties, along with any relevant evidence provided. After careful deliberation, the Commission concluded that the proposed enterprise agreement was fair and reasonable, and that it met all statutory requirements for approval. The Commission also determined that the agreement qualified as a low-paid industry agreement, thereby exempting it from certain procedural requirements.

The final orders of the Commission were that the St Vincent's Private Hospitals Health and Allied Services Staff Enterprise Agreement 2022 be approved. This approval was contingent on the agreement being registered by the Commission, and it would come into effect on the date specified in the agreement. The decision provided clarity on the terms and conditions for the employees covered by the agreement, and established a framework for future negotiations between the parties.

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