Healthscope Operations Ltd T/A Healthscope
[2023] FWCA 1456
•19 MAY 2023
| [2023] FWCA 1456 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Healthscope Operations Ltd T/A Healthscope
(AG2023/1088)
HEALTHSCOPE - TASMANIA - NON-NURSING EMPLOYEES - ENTERPRISE AGREEMENT - 2021-2025
| Health and welfare services | |
| COMMISSIONER SIMPSON | BRISBANE, 19 MAY 2023 |
Application for approval of the Healthscope - Tasmania – Non-Nursing Employees - Enterprise Agreement - 2021-2025
An application has been made for approval of an enterprise agreement known as the Healthscope - Tasmania – Non-Nursing Employees - Enterprise Agreement - 2021-2025 (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 Ltd T/A Healthscope (the Applicant). The Agreement is a single enterprise agreement.
The Applicant has provided written undertakings. 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.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 8(f) of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.
The Health Services Union (HSU) lodged a Form F18 statutory declaration giving 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 HSU.
The Agreement is approved and will operate in accordance with s.54 of the Act.
COMMISSIONER
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