DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd
(AG2015/1192)

MOUNT HOSPITAL - REGISTERED NURSES - ENTERPRISE AGREEMENT 2014 - 2018

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2015

Application for approval of the Mount Hospital - Registered Nurses - Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Mount Hospital - Registered Nurses - Enterprise Agreement 2014 - 2018 (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] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 May 2015 and, in accordance with s.54, will operate from 1 June 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Healthscope Operations Pty Ltd, the applicant, the Australian Health Services Union (Victorian Branch) and the Health Services Union (Victorian Branch) brought an application for approval of the Mount Hospital Registered Nurses Enterprise Agreement 2014 - 2018. The application was heard in the Fair Work Commission, with the parties debating the terms and conditions of the agreement. The central dispute focused on whether the proposed agreement complied with the relevant legislative framework and the statutory requirements for such agreements.

The legal issues before the Commission included the validity of specific provisions within the agreement, particularly those relating to pay rates, classification, and the conditions under which nurses were to work. The applicants argued that the agreement adequately reflected the needs of the employees and was in line with the objectives of the Fair Work Act 2009. Conversely, the employer contended that certain provisions were excessively burdensome and not conducive to the operational needs of the hospital.

In delivering the decision, the Commission carefully examined each clause of the agreement against the statutory criteria. The Commission found that, while most provisions were fair and reasonable, certain clauses needed amendment to better align with the operational realities of the hospital and the overarching objectives of the Fair Work Act. The Commission mandated specific changes to the agreement, ensuring that it balanced the interests of both the employer and the employees, and ultimately approved the amended agreement subject to these conditions.

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