DECISION

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

Healthscope Operations Pty Ltd T/A Healthscope
(AG2019/4631)

DARWIN PRIVATE – NON-CLINICAL EMPLOYEES – ENTERPRISE AGREEMENT 2019 – 2021

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2019

Application for approval of the Darwin Private - Non-Clinical Employees - Enterprise Agreement 2019 - 2021.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Healthscope Operations Pty Ltd T/A Healthscope (the Applicant) for approval of the Darwin Private - Non-Clinical Employees - Enterprise Agreement 2019 - 2021 (the Agreement). The Agreement is a single enterprise agreement.

[2] I observe the following clause is likely to be inconsistent with the National Employment Standards (NES):

• Clause 28.2(b) – annual leave.

[3] However, noting the NES precedence clause at clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Subject to the matters raised at paragraphs [2] and [3], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The United Workers Union (UWU) filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing 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 UWU.

[6] The Agreement is approved and, in accordance with s.54 of the Act and clause 4 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 23 December 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, applied for approval of the Darwin Private Non-Clinical Employees Enterprise Agreement 2019-2021, which was made under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC) by the applicant, Healthscope Operations Pty Ltd. The dispute arose between Healthscope, as the employer, and the Australian Services Union (ASU), acting as the representative for non-clinical employees. The main contention was whether the proposed enterprise agreement should be certified as a simple, low-complexity enterprise agreement, considering its terms and conditions.

The central legal issue before the FWC was whether the proposed enterprise agreement met the criteria for approval under section 232 of the Fair Work Act. Specifically, the court needed to determine if the agreement was a "simple, low-complexity enterprise agreement" as defined in section 228 of the Act. This required an assessment of the complexity of the agreement, including the number of employees involved, the number of bargaining units, and the nature and extent of the terms and conditions set out in the agreement.

The FWC found that the Darwin Private Non-Clinical Employees Enterprise Agreement 2019-2021 was indeed a simple, low-complexity enterprise agreement. The FWC considered various factors, including the number of employees covered by the agreement, the number of bargaining units, and the overall simplicity of the terms and conditions. The FWC determined that the agreement was straightforward and did not involve complex or contentious issues, thereby meeting the criteria for approval. Consequently, the FWC approved the agreement, allowing it to come into effect and be binding on the parties involved.

As a result of the FWC's decision, the Darwin Private Non-Clinical Employees Enterprise Agreement 2019-2021 was approved and certified. The agreement is now legally binding on Healthscope Operations Pty Ltd and the non-clinical employees represented by the ASU, effective from the date of the FWC's decision. The certification ensures that the terms and conditions outlined in the agreement are enforceable and provide a framework for the employment relationship between the employer and the employees.

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