Healthscope Limited Summary

[2013] FWCA 5763

FAIR WORK COMMISSION

DECISION

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

Healthscope Limited
(AG2013/2305)

THE MOUNT HOSPITAL (PROFESSIONAL, CLERICAL, TECHNICAL EMPLOYEES) ENTERPRISE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 16 AUGUST 2013

Application for approval of The Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2013-2016.

[1] On 9 August 2013, Healthscope Limited made application for approval of a single enterprise agreement to be known as The Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 28 July 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Health Services Union (HSU) has declared that the HSU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the HSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 23 August 2013.

[7] The nominal expiry date of this Agreement is 31 March 2016.

COMMISSIONER

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CaseChat Overview and Summary

Healthscope Limited applied to the Fair Work Commission for approval of a new enterprise agreement, the "Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2013-2016." The applicant sought approval for the agreement under the Fair Work Act 2009. The application was made by Healthscope Limited, the employer, on behalf of its employees who are classified as professional, clerical, and technical employees at The Mount Hospital.

The primary legal issue before the court was whether the enterprise agreement met the requirements of the Fair Work Act 2009 for approval. This involved assessing whether the agreement complied with the procedural requirements for application and whether it met the minimum standards set out in the Fair Work Act. Specifically, the court needed to determine if the agreement was fairly and properly negotiated, and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission, in assessing the application, considered the evidence provided by both parties and the procedural fairness of the negotiation process. The Commission found that the agreement was fairly and properly negotiated, and it provided for terms and conditions that met or exceeded the minimum standards required by the Fair Work Act. The Commission was satisfied that the agreement was reasonable in all respects and approved it, thereby allowing the enterprise agreement to take effect. This decision was made in accordance with the Fair Work Act 2009 and the principles of procedural fairness.

In summary, the Fair Work Commission approved the application for the "Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2013-2016." The decision was based on the findings that the agreement was fairly negotiated and provided for terms and conditions that met or exceeded the minimum standards under the Fair Work Act 2009.

Healthscope Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established