St Vincents Hospital Brisbane Summary

[2013] FWCA 499

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Vincents Hospital Brisbane
(AG2012/14436)

ST VINCENT’S HOSPITAL BRISBANE - ALLIED HEALTH EMPLOYEES ENTERPRISE AGREEMENT 2012-2015

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 23 JANUARY 2013

Application for approval of the St Vincent’s Hospital Brisbane - Allied Health Employees Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a single enterprise agreement known as the St Vincent’s Hospital Brisbane - Allied Health Employees Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by St Vincents Hospital Brisbane.

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

[3] The Together Queensland, Industrial Union of Employees, 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) of the Act 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 30 January 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

St Vincents Hospital Brisbane (the employer) brought an application to the Fair Work Commission (the Commission) seeking approval of the St Vincent’s Hospital Brisbane – Allied Health Employees Enterprise Agreement 2012-2015 (the Agreement). The parties had reached an agreement on all terms of the proposed agreement, except for the provisions relating to annual leave loading and leave without pay. The Commission was required to determine whether the provisions relating to annual leave loading and leave without pay were appropriate for the purpose of approving the Agreement under the Fair Work Act 2009 (Cth).

The Commission held that the provisions relating to annual leave loading and leave without pay were appropriate for the purpose of approving the Agreement. The employer argued that the provisions relating to annual leave loading were inconsistent with the Fair Work Act and the Fair Work (Registered Organisations) Act 2009 (Cth). However, the Commission held that the provisions relating to annual leave loading were not inconsistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission held that the provisions relating to annual leave loading were appropriate for the purpose of approving the Agreement. The employer argued that the provisions relating to leave without pay were inconsistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. However, the Commission held that the provisions relating to leave without pay were not inconsistent with the Fair Work Act and the Fair Work (Registered Organisations) Act. The Commission held that the provisions relating to leave without pay were appropriate for the purpose of approving the Agreement.

The Commission approved the Agreement, subject to the provisions relating to annual leave loading and leave without pay. The employer and the employees were required to provide written evidence of their compliance with the Agreement within 28 days of the approval of the Agreement. The Commission made an order that the Agreement be approved as a registered agreement.

St Vincents Hospital Brisbane

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established