Healthscope Limited Summary

[2013] FWCA 617

FAIR WORK COMMISSION

DECISION

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

Healthscope Limited
(AG2012/13199)

HEALTHSCOPE LIMITED AND NSWNMA/ANF ENTERPRISE AGREEMENT 2013-2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 25 JANUARY 2013

Application for approval of the Healthscope Limited and NSWNMA/ANF Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope Limited and NSWNMA/ANF Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Healthscope Limited. The Agreement is a single-enterprise agreement.

[2] The New South Wales Nurses and Midwives' Association and the Australian Nursing Federation-New South Wales Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers both organisations.

[3] On 22 January 2013, following discussions between the parties, the employer provided clarification of their intentions and proposed formal written undertakings in relation to the application of Table 2 - Other Rates and Allowances. The undertakings are appended to the Agreement as approved.

[4] I have sought the views of the bargaining representatives and accepted the undertakings pursuant to s.190 of the Act. As a result, the undertakings are taken to be a term of the Agreement.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Healthscope Limited sought approval of an enterprise agreement with the NSW Nurses and Midwives' Association and Australian Nurses' Federation. The application was brought before Commissioner J. R. Smith. The legal issues centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, specifically regarding the provisions for penalty rates, leave provisions, and procedural fairness.

The court considered whether the agreement adequately addressed the parties' rights and obligations, and whether it adhered to the statutory framework for enterprise agreements. Commissioner Smith examined the fairness of the agreement's provisions, ensuring they did not undermine the protections afforded to employees under the Fair Work Act. The Commissioner also assessed whether the agreement was negotiated in good faith and whether it met the procedural requirements for approval.

After thorough analysis, Commissioner Smith concluded that the Healthscope Limited and NSWNMA/ANF Enterprise Agreement 2013-2015 met the statutory requirements and was fair and reasonable. The Commissioner approved the agreement, finding that it did not adversely affect the employees' entitlements and was consistent with the principles of procedural fairness. The decision was based on a detailed examination of the agreement's provisions and the context in which it was negotiated.

Healthscope Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established