DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy
(AG2016/4547)

ST VINCENT’S PRIVATE HOSPITAL’S LTD (VICTORIA) MAINTENANCE ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 7 SEPTEMBER 2016

Application for approval of the St Vincent’s Private Hospitals Ltd (Victoria) Maintenance Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Ltd (Victoria) Maintenance Enterprise Agreement 2016. (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 Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 September 2016. The nominal expiry date of the Agreement is 29 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, St Vincent’s Private Hospitals Ltd Victoria, trading as St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, and St Vincent’s Private Hospital Fitzroy, sought approval for the Maintenance Enterprise Agreement 2016. The applicants, represented by the employer, aimed to establish terms and conditions of employment for maintenance employees under the Fair Work Act 2009. The application was contested by the Australian Manufacturing Workers' Union, which argued against certain provisions of the agreement. The matter required the Commission to determine whether the proposed agreement met the legal requirements for approval under the Act.

The primary legal issue before the Commission was whether the Maintenance Enterprise Agreement 2016 complied with the statutory provisions outlined in the Fair Work Act 2009. Specifically, the Commission needed to assess whether the agreement included mandatory terms and conditions, whether it provided for the resolution of disputes, and if it met the other criteria for approval under the Act. The Commission also had to consider the arguments presented by both parties regarding the fairness and practicality of certain provisions within the agreement.

The Commission examined the application and submissions from both parties, focusing on the provisions of the Fair Work Act 2009. The Commission found that the proposed agreement included the mandatory terms and conditions required by the Act and contained mechanisms for the resolution of disputes. It also considered the submissions from the union and determined that while some provisions were contentious, the overall agreement was fair and practical. The Commission concluded that the Maintenance Enterprise Agreement 2016 met the necessary criteria for approval under the Act.

As a result, the Commission approved the Maintenance Enterprise Agreement 2016, effective from the date of the decision. The agreement was registered, and it became the new enterprise agreement for the maintenance employees of St Vincent’s Private Hospitals Ltd Victoria. This decision confirmed the terms and conditions of employment for these employees as outlined in the agreement, subject to any future changes or variations made in accordance with the Fair Work Act 2009.

St Vincent’s Private Hospitals Ltd Victoria T/A St Vincent’s Private Hospital Kew, St Vincent’s Private Hospital East Melbourne, St Vincent’s Private Hospital Fitzroy

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established