Healthscope Limited

[2013] FWCA 3665

FAIR WORK COMMISSION

DECISION

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

Healthscope Limited
(AG2013/1367)

ALLIED HEALTH EMPLOYEES (HSU - HEALTHSCOPE) ENTERPRISE AGREEMENT 2013

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 12 JUNE 2013

Application for approval of the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2013 (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] 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. In so finding I note that the rates of pay set out in Schedule 1 are expressed as hourly rates of pay.

[3] 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) 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 19 June 2013. The nominal expiry date of the Agreement is 1 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Limited recently appeared before the Fair Work Commission in an application for the approval of the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2013. The applicant, Healthscope, is a significant healthcare provider, while the respondent, Health Services Union (HSU), represents the allied health employees. The dispute centres on whether the terms and conditions outlined in the proposed enterprise agreement comply with the requirements of the Fair Work Act 2009.

The legal issues before the court revolved around the fairness and compliance of the proposed enterprise agreement with the statutory requirements. Specifically, the court needed to determine if the agreement met the 'better off overall test', which mandates that the terms and conditions must not be worse off overall for the employees than their previous conditions. Additionally, the court assessed whether the agreement included all the mandatory terms as prescribed by the Fair Work Act, and if the agreement had been genuinely negotiated between the parties.

In its decision, the Fair Work Commission meticulously examined the provisions of the enterprise agreement against the statutory benchmarks. The court found that the proposed agreement did indeed meet the 'better off overall test', providing the employees with improved terms and conditions in various aspects, including pay rates, leave entitlements, and other benefits. The court also confirmed that all mandatory terms were included and that the agreement had been genuinely negotiated. Consequently, the court approved the enterprise agreement, acknowledging its compliance with the legal standards set out in the Fair Work Act.

The final orders of the court were that the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2013 be approved and registered. This decision provides clarity and legal certainty for both Healthscope and its allied health employees, ensuring that the terms of the agreement are enforceable and in compliance with the relevant legislation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established