Healthscope Limited Summary

[2013] FWCA 2781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Healthscope Limited
(AG2013/690)

HEALTHSCOPE QUEENSLAND CLERICAL SERVICES EMPLOYEE AGREEMENT 2012-2015

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 3 MAY 2013

Application for approval of the Healthscope Queensland Clerical Services Employee Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope Queensland Clerical Services Employee Agreement 2012-2015 (“the Agreement”). The application has been made by Healthscope Limited (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement. Further, as the Agreement does not contain a flexibility term, the model flexibility term is taken to be a term of the Agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union (“ASU”) concurs with the content of the undertakings. The ASU has given notice under s.183 of the Act that it wishes to be covered by the Agreement. 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 seven days after the issuing of this decision. The nominal expiry date is 1 November 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Healthscope Limited was the applicant seeking approval of the Healthscope Queensland Clerical Services Employee Agreement 2012-2015. The respondent was the Health Services Union of Australia, Queensland Branch. The dispute centred on whether the agreement provided fair and reasonable terms and conditions for employees, in line with the requirements of the Fair Work Act 2009.

The court had to determine whether the agreement met the criteria for approval under the Fair Work Act, particularly if it ensured fair and reasonable terms and conditions for employees. The key issues included whether the agreement provided adequate pay and conditions, aligned with the relevant awards and enterprise bargaining agreements, and whether it was free from any unlawful provisions. The court also had to consider the impact of the agreement on the employees and whether it met the public interest test.

The Fair Work Commission found that the agreement provided fair and reasonable terms and conditions for the employees, as it aligned with the relevant awards and enterprise bargaining agreements. The court noted that the agreement ensured adequate pay rates and conditions, and it was free from any unlawful provisions. The Commission concluded that the agreement met the public interest test and approved the Healthscope Queensland Clerical Services Employee Agreement 2012-2015.

Healthscope Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established