DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd Victoria
(AG2017/2139)

ST VINCENT’S PRIVATE HOSPITALS LTD VICTORIA HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 5 JULY 2017

Application for approval of the St Vincent’s Private Hospitals Ltd Victoria Health Professionals Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Ltd Victoria Health Professionals 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 Victoria. 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 Health Services Union 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 12 July 2017. The nominal expiry date of the Agreement is 1 September 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 applied for approval of the St Vincent’s Private Hospitals Ltd Victoria Health Professionals Enterprise Agreement 2017. The agreement was proposed between St Vincent’s Private Hospitals Ltd Victoria, as the employer, and the Health Professionals and Unions Health Sector Union, as the employee representatives. The dispute centred on the validity and enforceability of the enterprise agreement under Australian labour law, specifically the Fair Work Act 2009.

The court was tasked with determining whether the agreement had been fairly and properly made, and if it complied with the requirements of the Fair Work Act. Key issues included whether the agreement met the procedural requirements for good faith bargaining, whether it contained mandatory terms that were permissible, and whether it adhered to the principles of industrial fairness. Additionally, the court examined if the agreement was in the best interests of the employees, considering their rights and protections as outlined in the Act.

The Commission found that the agreement had been made in good faith and met all procedural requirements. It was determined that the agreement contained terms that were not only within the bounds of the law but also fair and reasonable. The Commission was satisfied that the agreement was beneficial to the employees, providing adequate protections and benefits. The Commission approved the agreement, recognising its compliance with the Fair Work Act and its alignment with the principles of industrial fairness.

The final orders of the Commission were that the St Vincent’s Private Hospitals Ltd Victoria Health Professionals Enterprise Agreement 2017 be approved and registered. The agreement was to be in effect from the date of the decision, and it was to be binding on all parties involved.

St Vincent’s Private Hospitals Ltd Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established