DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Limited T/A Healthscope
(AG2015/759)

HEALTHSCOPE – TASMANIA – NON-NURSING EMPLOYEES – ENTERPRISE AGREEMENT 2014 – 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 15 APRIL 2015

Application for approval of the Healthscope - Tasmania - Non-Nursing Employees - Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope – Tasmania – Non-Nursing Employees – Enterprise 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 Operations Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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.

[5] The Agreement was approved on 15 April 2015 and, in accordance with s.54, will operate from 22 April 2015. The nominal expiry date of the Agreement is 31 January 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this case, Healthscope Operations Limited, trading as Healthscope, applied for approval of the Healthscope – Tasmania – Non-Nursing Employees – Enterprise Agreement 2014 – 2017. The Fair Work Commission was tasked with determining whether the enterprise agreement met the requisite standards and conditions under the Fair Work Act 2009. The dispute arose from the negotiation and terms of the agreement between Healthscope and its non-nursing employees in Tasmania, covering the period from 2014 to 2017.

The central legal issues revolved around the compliance of the enterprise agreement with the provisions of the Fair Work Act, including whether the agreement was made in good faith and whether it met the minimum standards set out in the Act. The Commission had to consider if the agreement provided fair and reasonable terms and conditions of employment and if it was certified by an independent certifier. Additionally, the court examined whether the agreement was consistent with the Act’s objectives of promoting cooperative and productive workplace relations.

The Fair Work Commission, after reviewing the submissions and evidence presented, found that the Healthscope – Tasmania – Non-Nursing Employees – Enterprise Agreement 2014 – 2017 was compliant with the Fair Work Act. The Commission concluded that the agreement was made in good faith and provided fair and reasonable terms and conditions of employment. The agreement also met the minimum standards and objectives of the Act. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission’s decision approved the Healthscope – Tasmania – Non-Nursing Employees – Enterprise Agreement 2014 – 2017, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement are legally binding between Healthscope and its non-nursing employees in Tasmania for the specified period.

Healthscope Operations Limited T/A Healthscope

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established