DECISION

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

St Vincent’s Private Hospitals Ltd
(AG2019/5103)

ST VINCENT'S HEALTH AUSTRALIA (PRIVATE HOSPITALS) QLD SUPPORT SERVICES ENTERPRISE AGREEMENT 2019

Health and welfare services
DEPUTY PRESIDENT ASBURY	BRISBANE, 24 APRIL 2020

Application for approval of the St Vincent's Health Australia (Private Hospitals) QLD Support Services Enterprise Agreement 2019.

[1] St Vincent’s Private Hospitals Ltd (the Applicant) applies to the Fair Work Commission (the Commission) for approval of an enterprise agreement known as the St Vincent's Health Australia (Private Hospitals) Qld Support Services Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] Undertakings were provided by the Applicant in response to concerns the Commission held in relation to whether the Agreement passes the better off overall test. The views of the bargaining representatives were sought in relation to the undertakings and no concerns were received. Pursuant to s.190 of the Act, I accept the Applicant’s undertakings. In accordance with s.201(3) of the Act, a copy of the undertakings will be attached to the Agreement and forms part of the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union and the Australian Workers’ Union being bargaining representatives 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 these organisations.

[4] I am satisfied that each of the requirements of ss.l86, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved in accordance with s.54 of the Act and will operate from 1 May 2020. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of St Vincent’s Private Hospitals Ltd, the applicant sought approval for the St Vincent's Health Australia (Private Hospitals) QLD Support Services Enterprise Agreement 2019. The primary dispute revolved around whether the terms of the proposed agreement adequately represented the interests of the employees involved, particularly in light of potential impacts on their conditions and rights. The matter was heard in the Fair Work Commission, which is tasked with ensuring that enterprise agreements comply with the relevant industrial laws.

The legal issues before the Commission involved whether the agreement complied with the procedural requirements under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions for the employees. This included assessing whether the agreement had been genuinely negotiated, if it contained necessary protections for employee rights, and if the process of obtaining employee consent was valid and transparent. The Commission also had to consider the implications of the proposed changes on the employees’ overall conditions and benefits.

In delivering its decision, the Commission carefully examined the evidence presented by both parties, including the negotiation process, the terms of the agreement, and the manner in which employee consent was obtained. The Commission found that the agreement was generally fair and reasonable, and that it had been negotiated in good faith. It concluded that the procedural requirements had been met, and that the agreement did not unacceptably detract from the rights, benefits or conditions of employment of the employees. Consequently, the Commission approved the enterprise agreement, finding that it met the necessary statutory criteria.

The Fair Work Commission approved the St Vincent's Health Australia (Private Hospitals) QLD Support Services Enterprise Agreement 2019, subject to the terms and conditions specified in the decision. This approval allows the agreement to be implemented, thereby setting the terms and conditions for the employees covered by the agreement.

St Vincent’s Private Hospitals Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established