DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd
(AG2019/3944)

HEALTHSCOPE – VICTORIA – NON-CLINICAL EMPLOYEES – ENTERPRISE AGREEMENT – 2019-2022

Health and welfare services
COMMISSIONER WILSON	MELBOURNE, 6 JANUARY 2020

Application for approval of the Healthscope - Victoria - Non-Clinical Employees - Enterprise Agreement - 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - Victoria - Non-Clinical Employees - Enterprise Agreement - 2019-2022 (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 Employer 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. The undertakings are taken to be a term of 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement covering non-clinical employees in Victoria for the period 2019-2022. The application followed negotiations between Healthscope and the relevant union representatives. The dispute centred on whether the proposed agreement met the legal requirements under the Fair Work Act 2009 for being registered and enforceable. The Fair Work Commission was tasked with determining if the agreement was in the best interests of the employees and complied with the relevant legislative provisions.

The central legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith. The Commission had to consider the provisions of the Fair Work Act, including the process for making the agreement, the content of the agreement, and its compliance with the "better off overall test". The Commission also examined whether the agreement provided for procedural fairness and if the process for its negotiation and agreement was appropriate.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement met the legal requirements and was in the best interests of the employees. The Commission concluded that the agreement was made in good faith, provided for fair and reasonable terms, and passed the "better off overall test". The process for negotiating and agreeing to the terms of the agreement was also deemed appropriate. Consequently, the Commission approved the Healthscope - Victoria - Non-Clinical Employees - Enterprise Agreement - 2019-2022.

The Fair Work Commission approved the Healthscope - Victoria - Non-Clinical Employees - Enterprise Agreement - 2019-2022, finding it to be in the best interests of the employees, made in good faith, and compliant with the Fair Work Act. The Commission's decision ensures the agreement will be registered and enforceable, providing certainty for both Healthscope and its employees in Victoria.

Healthscope Operations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established