Healthscope Operations Pty Ltd
[2025] FWCA 2388
•18 JULY 2025
| [2025] FWCA 2388 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Healthscope Operations Pty Ltd
(AG2025/2037)
HEALTHSCOPE – TASMANIA – NURSES – ENTERPRISE AGREEMENT 2025
| Health and welfare services | |
| DEPUTY PRESIDENT FAROUQUE | MELBOURNE, 18 JULY 2025 |
Application for approval of the Healthscope – Tasmania – Nurses – Enterprise Agreement 2025
Introduction
Healthscope Operations Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Healthscope – Tasmania – Nurses – Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).
Better Off Overall Test (BOOT) issues
The Employer, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) have had an opportunity to provide further submissions on matters relating to the Better Off Overall Test (BOOT). The Employer and HSU provided submissions on the BOOT.
Having regard to the submissions I have received and the other information before me, I am satisfied that the Agreement passes the BOOT.
National Employment Standards (NES) Issues
I note that clause 42.8 of the Agreement (which relates to deductions from wages on termination of employment) may be inconsistent with the National Employment Standards (NES). The Employer has provided a written undertaking which replicates clause 32.1(d) of the Award and states that clause 42.8 will now be read as such. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.
Section 190 Undertakings
The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, 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.
Section 183 Bargaining Representatives
The ANMF and HSU being bargaining representatives for the Agreement, have given notice under s 183 of the Act that each wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the ANMF and HSU.
Approval
The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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Annexure A
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