Healthscope Operations Limited T/A Healthscope

[2014] FWCA 4735

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Limited T/A Healthscope
(AG2014/1682)

HEALTHSCOPE - WA - ENROLLED NURSES & SUPPORT SERVICES ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 15 JULY 2014

Application for approval of the Healthscope - WA - Enrolled Nurses & Support Services Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - WA - Enrolled Nurses & Support Services 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 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 July 2014. The nominal expiry date of the Agreement is 6 February 2017.

[4] The agreement does not contain a model consultation term compliant with the Act. Pursuant to s.205 of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Operations Limited, trading as Healthscope, applied for the approval of the Healthscope - WA - Enrolled Nurses & Support Services Enterprise Agreement 2014-2017. The respondents to the application were the Health Professionals and Support Services Union and the Australian Nursing and Midwifery Federation. The dispute arose from negotiations over the terms and conditions of employment for enrolled nurses and support services personnel within the Western Australian branch of Healthscope. The application was heard in the Fair Work Commission.

The primary legal issue before the court was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for enterprise agreements. The court also needed to consider whether the agreement contained any terms that would have an adverse effect on employees' health and safety or would otherwise be contrary to public policy.

The court found that the agreement met all statutory requirements for approval. It considered the submissions from both parties and examined the terms of the agreement in detail. The court found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with all procedural requirements. The court also determined that none of the terms of the agreement would have an adverse effect on employees' health and safety or be contrary to public policy. Accordingly, the court approved the Healthscope - WA - Enrolled Nurses & Support Services Enterprise Agreement 2014-2017.

The final order of the court was that the Healthscope - WA - Enrolled Nurses & Support Services Enterprise Agreement 2014-2017 be approved. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of the decision. The court's approval of the agreement meant that it would be legally binding on both Healthscope and the relevant unions and their members. The decision brought certainty to the employment relationship between Healthscope and the enrolled nurses and support services personnel in Western Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established