A s.739 (Application to deal with a dispute) by the Health Services Union against St John of God Health Care involved in an alleged dispute arising under an enterprise agreement. The case turned on whether consultation was required and has taken place; whether comparable alternative employment was found and whether redundancy payments were required. The decision was split. St John of God health care was held to have failed to consult in the manner required by the agreement and had ignored the requisite consultative time frame. But it won the key point and is not obliged to pay severance pay.
