Healthscope Operations Pty Ltd T/A Healthscope

[2019] FWCA 7939

[2019] FWCA 7939

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
(AG2019/3828)

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

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 21 NOVEMBER 2019

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

[1] Healthscope Operations Pty Ltd T/A Healthscope (the Employer) has applied for approval of an enterprise agreement known as the Healthscope & QNMU/ANMF - Queensland - Nurses - Enterprise Agreement 2019-2021 (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, and as a result, 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 Australian Nursing and Midwifery Federation (ANMF), also known as the Queensland Nurses’ and Midwives’ Union of Employees (QNMU; together, “the Union”) regarding the undertakings provided by the Employer; the Union being a bargaining representative for the Agreement. The Union wrote to my chambers and stated that it supports the undertakings provided by the Employer.

[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 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.

[6] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 November 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Annexure A: