DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2018/7331)

ALLIED HEALTH EMPLOYEES (HSU - HEALTHSCOPE) ENTERPRISE AGREEMENT 2018 - 2021

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 17 MAY 2019

Application for approval of the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2018-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Healthscope Operations Pty Ltd T/A Healthscope (Employer). The Agreement is a single enterprise Agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings, 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.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union of Australia, 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 May 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd T/A Healthscope brought an application before the Fair Work Commission seeking approval of an enterprise agreement. The respondents included various unions, including the Health Services Union. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement contained the necessary provisions and if it was appropriately negotiated. The applicants argued that the agreement was fairly negotiated and contained all the mandatory terms required by the Act. The respondents, however, contended that the agreement did not adequately cover certain aspects and that the negotiation process was flawed.

The Commission considered whether the agreement complied with the statutory provisions, including the requirement for good faith bargaining and the inclusion of all mandatory terms. The court examined the process by which the agreement was negotiated and whether it was conducted in good faith. Additionally, the Commission assessed whether the agreement contained all the necessary provisions, including those related to minimum entitlements, dispute resolution, and procedural fairness. The Commission determined that the agreement was fairly negotiated and contained all the mandatory terms required by the Act, despite some contentions from the respondents. The court found that the process was conducted in good faith, and all necessary provisions were included.

In light of its findings, the Commission approved the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2018 - 2021. The decision emphasised the importance of ensuring that all mandatory terms are included and that the negotiation process adheres to the principles of good faith bargaining. The approval of the agreement was based on the conclusion that it met the statutory requirements and provided a fair framework for the employment relationship between the parties. The Commission's decision was a significant step in formalising the terms and conditions of employment for the allied health employees within the Healthscope organisation.

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