Healthscope Operations Pty Ltd

[2022] FWCA 4534

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthscope Operations Pty Ltd

(AG2022/5190)

Healthscope – Queensland – Nurses and Midwives – Enterprise Agreement 2021

Health and welfare services
DEPUTY PRESIDENT DOBSON	BRISBANE, 20 DECEMBER 2022

Application for approval of the Healthscope – Queensland – Nurses and Midwives – Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Healthscope – Queensland – Nurses and Midwives – Enterprise Agreement 2021 (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 Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Operations Pty Ltd applied for the Fair Work Commission's approval of the Healthscope – Queensland – Nurses and Midwives – Enterprise Agreement 2021. The dispute involved the proposed terms and conditions of employment for registered nurses and midwives in Queensland under the new agreement. The application was heard in the Fair Work Commission, a tribunal with jurisdiction over workplace relations matters in Australia.

The primary legal issues before the Commission were whether the agreement met the requirements under the Fair Work Act 2009, including if it provided for minimum entitlements, if it was free from prohibited content, and if it was made in good faith. The Commission also considered whether the agreement complied with the Fair Work (Registered Organisations) Act 2009. Given that the agreement was made by a registered organisation, the Commission needed to ensure that the process of making the agreement complied with the relevant legislative provisions.

The Commission examined the evidence presented and determined that the agreement met all necessary legislative requirements. The Commission found that the agreement provided for the minimum entitlements as stipulated by the Fair Work Act, contained no prohibited content, and was made in good faith. Additionally, the Commission concluded that the process by which the agreement was made complied with the Fair Work (Registered Organisations) Act. Consequently, the Commission approved the Healthscope – Queensland – Nurses and Midwives – Enterprise Agreement 2021.

The Commission's final orders were that the Healthscope – Queensland – Nurses and Midwives – Enterprise Agreement 2021 be approved, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement are legally binding for the duration of the agreement, providing certainty and stability for both the employer and the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established