DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd
(AG2017/5683)

ST VINCENT’S PRIVATE HOSPITALS LTD VICTORIA MEDICAL SCIENTISTS AND DIETITIANS ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 13 DECEMBER 2017

Application for approval of the St Vincent’s Private Hospitals Ltd Victoria Medical Scientists and Dietitians Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Ltd Victoria Medical Scientists and Dietitians Enterprise Agreement 2017 (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.

[2] The Applicant 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.

[3] 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.

[4] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] The Health Services Union of Australia 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 December 2017. The nominal expiry date of the Agreement is 1 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, St Vincent’s Private Hospitals Ltd, sought approval of the St Vincent’s Private Hospitals Ltd Victoria Medical Scientists and Dietitians Enterprise Agreement 2017. The respondents were the St Vincent’s Private Hospitals Ltd, the Victorian Medical Scientists’ Union, and the Hospital and Health Professionals’ Union. The matter was heard in the Fair Work Commission. The central issue before the court was whether the agreement in question complied with the Fair Work Act 2009, specifically focusing on whether it met the criteria for approval under section 232 of the Act. The court had to consider whether the agreement provided for the pay and conditions of the employees in a fair and reasonable manner, and if it adhered to the procedural requirements stipulated in the Act.

The Fair Work Commission examined the provisions of the agreement, including wages, allowances, penalties, and other conditions of employment. The court also considered the submissions from the parties regarding the fairness of the agreement. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms and conditions for the employees. The court found that the agreement met the statutory requirements and was in accordance with the principles of the Fair Work Act. The decision to approve the agreement was based on the comprehensive nature of the negotiations, the fairness of the terms, and the compliance with procedural requirements.

The Fair Work Commission approved the St Vincent’s Private Hospitals Ltd Victoria Medical Scientists and Dietitians Enterprise Agreement 2017. The decision was made on the basis that the agreement was fair and reasonable and met all the necessary criteria under the Fair Work Act. The court emphasised the importance of the good faith negotiations and the comprehensive nature of the agreement in reaching its decision. The final orders confirmed the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the relevant employees.

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