DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Brisbane
(AG2017/2143)

ST VINCENT’S HEALTH AUSTRALIA (PRIVATE HOSPITALS) QLD SUPPORT SERVICES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 SEPTEMBER 2017

Application for approval of the St Vincent’s Health Australia (Private Hospitals) QLD Support Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Health Australia (Private Hospitals) QLD Support Services 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 T/A St Vincent’s Private Hospital Brisbane. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers these organisation.

[5] The Agreement was approved on 15 September 2017 and, in accordance with s.54, will operate from 22 September 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Brisbane, the applicant, sought approval of the St Vincent’s Health Australia (Private Hospitals) QLD Support Services Enterprise Agreement 2017, which was disputed by the Australian Nursing and Midwifery Federation Queensland Branch, the respondent. The applicant argued that the agreement was necessary to manage the hospital’s operations effectively and to ensure fair treatment for its employees. The respondent opposed the application, claiming that the agreement did not adequately address several key issues, including pay rates, leave entitlements, and working conditions. The matter was heard in the Fair Work Commission, which had to determine whether the agreement met the legal requirements for approval.

The court had to address several legal issues, including whether the agreement had been genuinely negotiated between the parties, whether it complied with the relevant provisions of the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it provided for adequate protection of employees’ rights and entitlements. The court also had to examine whether the agreement met the criteria for approval under section 234 of the Fair Work Act 2009.

The court found that the agreement had been genuinely negotiated and complied with the relevant provisions of the Fair Work Act 2009. The court held that the agreement provided for fair and reasonable terms and conditions of employment and was in the best interests of the employees. The court also found that the agreement provided for adequate protection of employees’ rights and entitlements and met the criteria for approval under section 234 of the Fair Work Act 2009. The court approved the agreement, finding that it met all the necessary legal requirements. The respondent’s objections were dismissed, and the applicant’s application was granted.

St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Brisbane

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established