Healthscope Limited

[2013] FWCA 5802

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Limited
(AG2013/2291)

NATIONAL CAPITAL PRIVATE HOSPITAL, HSU NON CLINICAL AND ALLIED HEALTH EMPLOYEES AGREEMENT 2013-2016

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 15 AUGUST 2013

Application for approval of the National Capital Private Hospital, HSU Non Clinical and Allied Health Employees Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the National Capital Private Hospital, HSU Non Clinical and Allied Health Employees Agreement 2013-2016 (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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 22 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

[4] The Health Services Union of Australia 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), I note that the Agreement covers the organisation.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Limited applied for approval of the National Capital Private Hospital, HSU Non Clinical and Allied Health Employees Agreement 2013-2016. The application was brought under the Fair Work Act 2009. The parties involved were Healthscope Limited, the employer, and Health Services Union, the union representing the employees. The dispute centred on whether the proposed agreement complied with the requirements of the Act and was in the best interests of the employees.

The court had to determine if the agreement met the criteria for approval under section 234 of the Act, including whether it provided for fair and reasonable terms and conditions, and if it had been genuinely agreed upon by the parties. Additionally, the court had to consider whether the agreement was in the best interests of the employees, taking into account factors such as the impact on employee rights, benefits, and working conditions.

The court found that the agreement met the legislative criteria for approval and was in the best interests of the employees. The agreement provided for fair and reasonable terms and conditions, and the court was satisfied that it had been genuinely agreed upon by the parties. The court also found that the agreement was beneficial to the employees, as it provided for improved working conditions and benefits. Consequently, the court approved the agreement, and it came into effect on the specified date.

The final orders of the court included the approval of the National Capital Private Hospital, HSU Non Clinical and Allied Health Employees Agreement 2013-2016, with the agreement to be registered with the Fair Work Commission. The court also ordered that the agreement would apply to all non-clinical and allied health employees at the hospital for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established