Healthscope Operations Pty Ltd T/A Healthscope

[2021] FWCA 1162

[2021] FWCA 1162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2020/4205)

NATIONAL CAPITAL PRIVATE HOSPITAL - HSU NON CLINICAL AND ALLIED HEALTH EMPLOYEES - ENTERPRISE AGREEMENT 2020-2022

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MARCH 2021

Application for approval of the National Capital Private Hospital - HSU Non Clinical and Allied Health Employees - Enterprise Agreement 2020-2022.

[1] An application has been made for approval of an enterprise agreement known as the National Capital Private Hospital - HSU Non Clinical and Allied Health Employees - Enterprise Agreement 2020-2022 (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 T/A Healthscope. 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.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.

[5] I note that Clauses 33.2.2, 35.2, 41.5 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.3 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2021. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

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Annexure A