DECISION

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

Healthscope Operations Limited T/A Healthscope
(AG2014/8194)

HEALTHSCOPE - QUEENSLAND - ALLIED HEALTH AGREEMENT - 2014 - 2017

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 18 DECEMBER 2014

Application for approval of the Healthscope - Queensland - Allied Health Agreement - 2014 - 2017.

[1] An application pursuant to s.185 of the Fair Work Act 2009 ( “the Act”) was made by Healthscope Operations Pty Ltd ( the Employer) for the approval of an enterprise agreement known as the Healthscope - Queensland - Allied Health Agreement - 2014 - 2017. (the Agreement).

[2] The agreement is a single-enterprise agreement.

[3] On 12 December 2014, the Employer provided undertakings which are included in the Decision and the Agreement.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Operations Limited, trading as Healthscope, applied to the Fair Work Commission for approval of the Healthscope – Queensland – Allied Health Agreement for the years 2014 to 2017. The applicant sought to enter into an enterprise agreement with the Australian Health Services Union Queensland Branch (the Union), which would govern the terms and conditions of employment for certain allied health professionals in Queensland. The Union represented the employees who were subject to the proposed agreement.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it met the statutory requirements for approval. This involved determining if the agreement was made in good faith, if it was properly negotiated, and if it complied with the Fair Work Act 2009. The Commission also had to consider if the agreement contained all the mandatory terms prescribed by the Act, and if it was in the best interests of the employees.

The Commission found that the agreement was a genuine enterprise agreement that met the statutory requirements for approval. It was satisfied that the agreement was made in good faith, properly negotiated, and contained all the mandatory terms prescribed by the Act. The Commission also considered that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and included provisions for dispute resolution and employee representation. As a result, the Commission approved the Healthscope – Queensland – Allied Health Agreement for the years 2014 to 2017.

The Commission made an order approving the Healthscope – Queensland – Allied Health Agreement for the years 2014 to 2017, with effect from the date of the application. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the relevant employees until it expired or was replaced by a new agreement.

Healthscope Operations Limited T/A Healthscope

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established