Healthscope Operations Pty Ltd T/A Healthscope

[2020] FWCA 993

[2020] FWCA 993

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Healthscope Operations Pty Ltd T/A Healthscope
(AG2020/228)

HEALTHSCOPE & QNMU/ANMF - QUEENSLAND - NURSES - ENTERPRISE AGREEMENT 2019-2021

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 24 FEBRUARY 2020

Application for variation of the Healthscope & QNMU/ANMF - Queensland - Nurses - Enterprise Agreement 2019-2021.

[1] An application has been made to vary the Healthscope & QNMU/ANMF - Queensland - Nurses - Enterprise Agreement 2019-2021 (the Agreement) to remove ambiguity or uncertainty. The Agreement is a single enterprise agreement and the application has been made by Healthscope Operations Pty Ltd T/A Healthscope (the Applicant) under s.217 of the Fair Work Act 2009 (the Act).

[2] In this matter the ambiguity and uncertainty asserted by the Applicant concerns the application of the coverage clause at clause 3.1(b) which currently makes reference to Schedule D of the Agreement. The Applicant proposes that clause 3.1(b) should instead refer to Schedule A of the Agreement, and that as it is currently drafted clause 3.1 creates ambiguity.

[3] The variation proposed is to clause 3.1(b) so that it reads as follows:

“3. Coverage

3.1 This agreement applies to:

…

(b) Employees employed by Healthscope within the classifications provided in

Schedule A of this Agreement.”

[4] The Australian Nursing and Midwifery Federation (ANMF), also known as the Queensland Nurses and Midwives’ Union of Employees (QNMU), which was a bargaining representative for the Agreement and is covered by the Agreement, supports the application for variation of the Agreement.

[5] I am satisfied that the variation proposed will correct the relevant ambiguity or uncertainty in a manner that reflects the mutual intention of the parties.

[6] The variation to the Agreement is approved and will operate on and from 24 February 2020.

[7] A consolidated version of the Agreement as varied is [attached].

COMMISSIONER

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