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

[2021] FWCA 1224

[2021] FWCA 1224

FAIR WORK COMMISSION

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

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Annexure A