Healthscope Limited

[2014] FWCA 4117

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Limited
(AG2014/1173)

HEALTHSCOPE - NSW - HEALTH PROFESSIONALS & SUPPORT SERVICES AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 20 JUNE 2014

Application for approval of the Healthscope - NSW - Health Professionals & Support Services Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - NSW - Health Professionals & Support Services Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthscope Limited. 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 as are relevant to this application for approval have been met.

[3] The Health Services Union, New South Wales Branch, 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 does contain a flexibility term, however, it is not a flexibility term which complies with s.202(1) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement.

[5] The Agreement does contain a consultation term, however, it is not a consultation term which complies with s.205(1) of the Act. I note that the model consultation term is taken, pursuant to s.205(2) of the Act, to be a term of the Agreement.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 June 2014. The nominal expiry date of the Agreement is 30 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Healthscope Limited, the applicant sought approval for the Healthscope - NSW - Health Professionals & Support Services Agreement 2014-2017, a proposed enterprise agreement. The matter was heard in the Fair Work Commission, the body responsible for overseeing industrial relations in Australia. The dispute arose as the parties, Healthscope Limited, a major health services provider, and the Health Professionals & Support Services Union, representing the employees, could not reach an agreement on terms and conditions of employment without external intervention.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions, did not unfairly discriminate, and was certified by a registered bargaining representative as being in the best interests of the employees it covered. The Commission also had to determine if the agreement complied with the Good Faith Bargaining obligations under the Act.

The Fair Work Commission found that the proposed agreement did meet the statutory requirements for approval. The Commission concluded that the agreement was fair and reasonable, did not unfairly discriminate, and was certified by the appropriate bargaining representative. The Commission was satisfied that the parties had engaged in good faith bargaining, and that the agreement reflected the outcomes of this process. The Commission further found that the agreement was in the best interests of the employees it covered. Based on these findings, the Commission approved the Healthscope - NSW - Health Professionals & Support Services Agreement 2014-2017.

The Fair Work Commission's decision was that the Healthscope - NSW - Health Professionals & Support Services Agreement 2014-2017 be approved and registered. This decision provided certainty for both the employer and the employees, as the terms and conditions of employment were now legally binding.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established