DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2018/6057)

MOUNT HOSPITAL - REGISTERED NURSES - ENTERPRISE AGREEMENT 2018-2020

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2019

Application for approval of the Mount Hospital - Registered Nurses - Enterprise Agreement 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Mount Hospital - Registered Nurses - Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthscope Operations Pty Ltd T/A Healthscope. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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

[4] The Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 19 March 2019 and, in accordance with s.54, will operate from 26 March 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Healthscope Operations Pty Ltd, trading as Healthscope, sought approval for the Mount Hospital Registered Nurses Enterprise Agreement 2018-2020. The applicants, the Australian Nurses and Midwifery Federation and the Australian Health Services Union, raised objections to the agreement, arguing that it did not meet the requirements under the Fair Work Act. The case involved determining whether the agreement was in the public interest and whether it complied with the relevant provisions of the Act.

The legal issues before the Commission were primarily concerned with the fairness and compliance of the enterprise agreement with the Fair Work Act. The Commission had to consider whether the agreement provided for appropriate minimum wages and conditions, and if it was made in good faith. Additionally, the Commission needed to assess if the agreement was in the public interest and if it complied with the requirements of the Act, particularly regarding the protection of employees' rights.

The Commission concluded that the agreement was made in good faith and was in the public interest. It found that the agreement provided for appropriate minimum wages and conditions and did not undermine the system of conciliation and arbitration. The Commission also noted that the agreement contained provisions that were in the best interests of the employees and were necessary to protect their rights. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Mount Hospital Registered Nurses Enterprise Agreement 2018-2020. The decision confirmed that the agreement met the requirements of the Fair Work Act and was in the public interest. The Commission's approval ensured that the agreement would provide for fair wages and conditions for the employees, while also protecting their rights and interests.

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