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:

CaseChat Overview and Summary

In the Fair Work Commission, Healthscope Operations Pty Ltd, trading as Healthscope, applied for the approval of the Healthscope & QNMU/ANMF - Queensland - Nurses - Enterprise Agreement 2019-2021. The Queensland Nurses and Midwives' Union (QNMU) and the Australian Nursing and Midwifery Federation (ANMF) sought approval of the agreement on behalf of their members employed by Healthscope. The application was made under section 231 of the Fair Work Act 2009. The central dispute in this case revolved around the procedural fairness and the appropriateness of the terms of the proposed enterprise agreement between Healthscope and the unions representing the nurses.

The primary legal issues for the court to decide were whether the process leading to the agreement was procedurally fair and if the terms of the agreement were appropriate. Procedural fairness required the court to consider if the unions had genuinely bargained in good faith with Healthscope, ensuring that the nurses' interests were adequately represented and that the process was transparent and free from bias. Appropriateness involved assessing whether the terms of the agreement were fair and reasonable, considering the interests of both the employees and the employer, and whether they complied with relevant legislation and the broader industrial relations framework.

The court found that the process leading to the agreement was procedurally fair. The unions had genuinely bargained in good faith, ensuring that the nurses' interests were adequately represented. The court noted the comprehensive documentation and the efforts made by both parties to reach a consensus. Regarding the appropriateness of the terms, the court held that the agreement was fair and reasonable. The terms were balanced, considering the interests of both the employees and the employer, and complied with the relevant legislative and industrial relations requirements. Consequently, the court approved the enterprise agreement, confirming its procedural fairness and appropriateness.

The final orders of the court approved the Healthscope & QNMU/ANMF - Queensland - Nurses - Enterprise Agreement 2019-2021 as a registered agreement under section 178 of the Fair Work Act 2009. The agreement was to be in effect from the date of the approval and would govern the employment conditions of the nurses employed by Healthscope until the end of the agreement period. This decision provided clarity and certainty for both the unions and the employer, ensuring that the terms of the agreement were legally binding and enforceable.

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