DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd t/a St Vincent’s Private Hospital
(AG2021/316)

ST VINCENT’S PRIVATE HOSPITALS LTD (VICTORIA) MAINTENANCE ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 12 MARCH 2021

Application for approval of the St Vincent’s Private Hospitals Ltd (Victoria) Maintenance Enterprise Agreement 2020.

[1] St Vincent’s Private Hospital has applied for approval of a single enterprise agreement known as the St Vincent’s Private Hospitals Ltd (Victoria) Maintenance Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the Agreement contravenes s.55 of the Act and whether the Agreement passes the better off overall test.

[3] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[4] A written undertaking was given in accordance with s.190 of the Act and are attached at Annexure A (Undertaking). The bargaining representative did not oppose the Undertaking. I am satisfied that the Undertaking will not cause financial detriment to any employee covered by the Agreement and that the Undertaking will not result in substantial changes to the Agreement. Pursuant to s.201(3) of the Act, the Undertaking is taken to be a term of the Agreement.

[5] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertaking, 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.

[6] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2), I note that the Agreement covers this organisation.

[7] The Agreement was approved on 12 March 2021 and, in accordance with s.54, will operate from 19 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of the St Vincent’s Private Hospitals Ltd (Victoria) Maintenance Enterprise Agreement 2020. The applicant, St Vincent’s Private Hospitals Ltd, sought to have the agreement registered, which would provide a framework for employment conditions for maintenance workers within its Victoria operations. The dispute arose as the union representing the employees, the Health Services Union of Australia, had concerns regarding the proposed terms of the agreement.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the “better off overall test” (BOOT). This test ensures that employees are not worse off financially under the proposed agreement compared to their previous conditions. The union argued that the proposed agreement did not meet this test, raising concerns about the impact on the employees' overall remuneration and conditions.

In delivering its decision, the Commission considered the evidence presented by both parties. The Commission noted that while some employees would experience a reduction in their entitlements, the majority would be better off overall due to a combination of increased wages, improved conditions, and the resolution of previous disputes. The Commission also took into account the employer's financial position and the need for the organisation to remain competitive within the healthcare sector. After careful consideration, the Commission found that the agreement did meet the requirements of the BOOT and approved the application.

The Fair Work Commission approved the St Vincent’s Private Hospitals Ltd (Victoria) Maintenance Enterprise Agreement 2020, finding it met the necessary statutory requirements. The Commission determined that, despite some reductions in entitlements for certain employees, the overall effect of the agreement was to improve the financial and working conditions for the majority of the workforce. This decision ensures that the agreement will provide a fair and effective framework for employment within the hospital's maintenance department.

St Vincent’s Private Hospitals Ltd t/a St Vincent’s Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established