Healthscope Operations Pty Ltd Summary

[2024] FWCA 2880

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Healthscope Operations Pty Ltd

(AG2024/2425)

HEALTHSCOPE – VICTORIA – ALLIED HEALTH PROFESSIONALS – ENTERPRISE AGREEMENT 2023-2026

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 6 AUGUST 2024

Application for approval of the Healthscope – Victoria – Allied Health Professionals – Enterprise Agreement 2023-2026.

An application has been made for approval of an enterprise agreement known as the Healthscope – Victoria – Allied Health Professionals – Enterprise Agreement 2023-2026 (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 Applicant). The Agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Health Services Union (HSU) 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.

The Agreement is approved and in accordance with s.54, will operate from 13 August 2024. The nominal expiry date of the Agreement is 31 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, on behalf of its employees, applied to the Fair Work Commission for the approval of the Healthscope – Victoria – Allied Health Professionals – Enterprise Agreement 2023-2026. The application was made under the Fair Work Act 2009, seeking the Commission’s certification of the agreement as a single, independent, and registered enterprise agreement. The agreement in question was negotiated between Healthscope and the relevant union representing allied health professionals within the organisation.

The legal issues the court was required to decide centered on whether the agreement met the necessary criteria for approval under the Fair Work Act. This included assessing whether the agreement was a genuine enterprise agreement, negotiated in good faith, and whether it adhered to the procedural requirements set out in the Act. Additionally, the court had to determine if the agreement provided fair and reasonable terms and conditions for the employees, considering factors such as pay rates, working conditions, and dispute resolution mechanisms.

In considering these issues, the court examined the negotiation process, the content of the agreement, and whether it aligned with the principles of good faith bargaining and fairness. The court found that the agreement was genuinely negotiated between the parties, adhered to the procedural requirements, and contained terms and conditions that were fair and reasonable. The court was satisfied that the agreement met all the statutory requirements and approved the application for registration.

The Fair Work Commission approved the application for the Healthscope – Victoria – Allied Health Professionals – Enterprise Agreement 2023-2026 to be registered. The decision was based on the findings that the agreement was a genuine enterprise agreement, negotiated in good faith, and contained fair and reasonable terms and conditions for the employees. The registration of the agreement took effect from the date of the decision, providing legal recognition and enforceability to the terms outlined within the agreement.

Healthscope Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established