Health Services Union v Healthscope Operations Pty Ltd

The Health Services Union (HSU) brought proceedings against Healthscope Operations Pty Ltd (Healthscope) in the Fair Work Commission concerning alleged contraventions of an enterprise agreement approved under the *Fair Work Act 2009* (Cth). The dispute centred on Healthscope's decision to introduce a major change, which the HSU contended required notification and consultation with affected employees under the terms of the agreement.

The Commission was required to determine whether Healthscope was obligated to notify relevant employees of its decision to implement the major change and whether, by failing to consult with the affected employees, Healthscope had contravened the model consultation term within the enterprise agreement. A key question was what constitutes a "major change" for the purposes of triggering these consultation obligations.

Judge Humphreys found that the changes implemented by Healthscope did not constitute a "major change" as defined by the enterprise agreement. Consequently, the obligation to notify and consult with affected employees was not engaged. The application brought by the HSU was therefore dismissed.