Healthscope Operations Pty Ltd

[2023] FWCA 1687

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthscope Operations Pty Ltd

(AG2023/1530)

HEALTHSCOPE – NSW – HEALTH PROFESSIONALS & SUPPORT SERVICES AGREEMENT – 2023

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 9 JUNE 2023

Application for approval of the Healthscope – NSW – Health Professionals & Support Services Agreement – 2023.

An application has been made for approval of an enterprise agreement known as the Healthscope – NSW – Health Professionals & Support Services Agreement – 2023 (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 (Employer). 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 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 June 2023. The nominal expiry date of the Agreement is 8 June 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this matter were Healthscope Operations Pty Ltd and the Health Professionals and Support Services Agreement (HPSSA) 2023. The dispute was centred around the application for approval of this agreement, which governs the employment conditions of certain health professionals and support staff within Healthscope's New South Wales operations. The case was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the statutory requirements set forth in the Fair Work Act 2009. Specifically, the Commission needed to assess if the agreement met the criteria for being a single interest employer agreement, if it contained appropriate mechanisms for dispute resolution, and whether it was consistent with the objectives of the Fair Work Act.

In its decision, the Fair Work Commission thoroughly examined the provisions of the proposed agreement. It found that the agreement adequately addressed the needs of the parties, provided for fair and reasonable terms and conditions, and included effective dispute resolution mechanisms. The Commission concluded that the agreement was consistent with the statutory requirements and objectives of the Fair Work Act. Therefore, the application for approval was granted.

The Fair Work Commission approved the Healthscope – NSW – Health Professionals & Support Services Agreement – 2023, effective from the date of the decision. The agreement now governs the employment conditions for the relevant health professionals and support staff within Healthscope's New South Wales operations, subject to the terms and conditions specified within the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established