DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2020/1091)

HEALTHSCOPE – QUEENSLAND – NON-CLINICAL EMPLOYEES – ENTERPRISE AGREEMENT – 2020-2022

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 4 JUNE 2020

Application for approval of the Healthscope - Queensland - Non-Clinical Employees - Enterprise Agreement - 2020-2022.

[1] Health Operations Pty Ltd T/A Healthscope (the Employer) has applied for approval of an enterprise agreement known as the Healthscope - Queensland - Non-Clinical Employees - Enterprise Agreement - 2020-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer via email, and convened a conference by telephone on 1 June 2020. Mr Ricky Plummer, Workplace Relations Advisor of the Employer, participated in the conference on behalf of the Employer, and Mr Ben Gowdie participated on behalf of the Australian Workers’ Union (the AWU). As a result of the discussions during the conference, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the AWU regarding the undertakings. The AWU did not object to the terms of the undertakings at Annexure A.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
[5] The AWU being a bargaining representative for the Agreement has given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the AWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 June 2020. The nominal expiry date of the Agreement is 31 July 2022.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, applied for the approval of the Healthscope – Queensland – Non-Clinical Employees Enterprise Agreement – 2020-2022. The applicant sought the Fair Work Commission's approval of the agreement to ensure it complied with the Fair Work Act 2009. The dispute arose from the terms and conditions of employment for non-clinical employees within Healthscope’s Queensland operations. The applicants argued that the agreement was fair and appropriate, while no party opposed the application.

The central legal issues before the court were whether the agreement met the requirements of the Fair Work Act, including being free from prohibited content, ensuring procedural fairness, and meeting the better-off-overall test. The court had to examine if the agreement contained any prohibited content, such as terms that were contrary to public policy or that undermined the right to protected industrial action. Additionally, the court needed to determine if the agreement was negotiated in good faith and if it provided employees with a fair and reasonable outcome.

The Fair Work Commission found that the agreement was free from prohibited content and was negotiated in good faith. The commission concluded that the agreement provided employees with a fair and reasonable outcome, as it met the better-off-overall test. The commission considered the nature of the agreement, the process by which it was negotiated, and the terms and conditions it contained. The commission was satisfied that the agreement did not undermine the right to protected industrial action and that it was in the best interest of the employees.

The Fair Work Commission approved the Healthscope – Queensland – Non-Clinical Employees Enterprise Agreement – 2020-2022. The agreement was deemed to be fair and reasonable and met all the requirements of the Fair Work Act. The approval of the agreement was effective from the date of the commission's decision, ensuring that the terms and conditions of employment for non-clinical employees within Healthscope's Queensland operations were legally binding.

Healthscope Operations Pty Ltd T/A Healthscope

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established