Healthscope Operations Pty Ltd T/A Healthscope

[2019] FWCA 8710

[2019] FWCA 8710

FAIR WORK COMMISSION

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

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