St Vincent's Private Hospitals Ltd Summary

[2025] FWCA 426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

St Vincent’s Private Hospitals Ltd

(AG2024/4153)

ST VINCENT’S PRIVATE HOSPITALS HEALTH AND ALLIED SERVICES STAFF ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER FOX	MELBOURNE, 3 FEBRUARY 2025

Application for approval of the St Vincent’s Private Hospitals Health and Allied Services Staff Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the St Vincent’s Private Hospitals Health and Allied Services Staff Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by St Vincent’s Private Hospitals Ltd (the Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(7).

The Health Services Union being a bargaining representative for the Agreement support the approval of the Agreement and has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved, and in accordance with s.54 of the Act, will operate from 10 February 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

St Vincent's Private Hospitals Ltd applied to the Fair Work Commission for the approval of the St Vincent’s Private Hospitals Health and Allied Services Enterprise Agreement 2024. The dispute involved the terms of employment for various staff members within the health and allied services sector at the hospital. The Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly focusing on the procedural fairness and whether the agreement provided for the fair and reasonable terms of employment. The Commission needed to ensure that the agreement had been fairly negotiated, included essential terms, and did not undermine the protection of employees' rights and conditions.

The Commission concluded that the application for approval was valid and that the proposed agreement was fairly negotiated and contained all the essential terms. It was determined that the agreement met the statutory requirements under the Fair Work Act and provided for fair and reasonable terms of employment. Consequently, the Commission approved the St Vincent’s Private Hospitals Health and Allied Services Enterprise Agreement 2024.

No further orders were made as the application was approved as submitted.

St Vincent's Private Hospitals Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established