DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Melbourne
(AG2019/1341)

ST VINCENT’S PRIVATE HOSPITAL MELBOURNE AND HEALTH AND ALLIED SERVICES STAFF ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 3 JULY 2019

Application for approval of the St Vincent’s Private Hospital Melbourne and Health and Allied Services Staff Enterprise Agreement 2018.

[1] Application has been made for approval of a single enterprise agreement known as the St Vincent’s Private Hospital Melbourne and Health and Allied Services Staff Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Vincent’s Private Hospitals Ltd T/A St Vincent’s Private Hospital Melbourne.

[2] Written undertakings have been given in accordance with s.190 of the Act. 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] With 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

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 Melbourne recently brought an application before the Fair Work Commission for approval of the St Vincent’s Private Hospital Melbourne and Health and Allied Services Staff Enterprise Agreement 2018. The hospital sought approval of the agreement in the absence of a majority of employee support. The dispute was brought under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The legal issues before the commission involved whether the agreement complied with the procedural requirements of the Fair Work Act and whether the agreement was in the public interest. The commission considered whether the agreement was consistent with the principles of enterprise bargaining and the broader national system for fair pay and conditions. The commission also assessed the agreement against the criteria for approval in the absence of majority employee support. The commission found that the agreement met the procedural requirements and was in the public interest. The commission determined that the agreement was consistent with the principles of enterprise bargaining and the national system, and that it was appropriate for approval in the circumstances. The commission also found that the agreement provided for fair and reasonable terms and conditions for employees, and that it would not have an adverse effect on the broader community. The final orders of the commission were that the agreement be approved and registered. The commission also ordered that the agreement be published and that the hospital take all necessary steps to give effect to the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established