DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2018/5969)

DARWIN PRIVATE HOSPITAL - NURSES AND MIDWIVES - ENTERPRISE AGREEMENT - 2018-2020

Health and welfare services
DEPUTY PRESIDENT BEAUMONT	PERTH, 14 MARCH 2019

Application for approval of the Darwin Private Hospital - Nurses and Midwives - Enterprise Agreement - 2018-2020.

[1] An application has been made for approval of an enterprise agreement known as the Darwin Private Hospital - Nurses and Midwives - Enterprise Agreement - 2018-2020 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Healthscope Operations Pty Ltd. 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] The Australian Nursing and Midwifery Federation Northern Territory Branch, 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.

[4] The Agreement was approved on 14 March 2019 and, in accordance with s 54, will operate from 21 March 2019. The nominal expiry date of the Agreement is 30 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, applied to the Fair Work Commission for the approval of the Darwin Private Hospital - Nurses and Midwives - Enterprise Agreement 2018-2020. The dispute involved the terms and conditions of employment for nurses and midwives working at the Darwin Private Hospital, managed by Healthscope. The Fair Work Commission was tasked with determining whether the proposed enterprise agreement met the legal standards for approval.

The legal issues before the Commission centred on whether the agreement provided for a fair and reasonable balance of benefits, protections, and responsibilities for the employees and the employer. Specifically, the Commission needed to ensure that the agreement complied with the Fair Work Act 2009, including the requirements for good faith bargaining, and that it did not negatively affect the health, safety, or welfare of the employees. The Commission also considered whether the agreement adequately reflected the interests of both parties, including provisions for wages, hours of work, and other conditions of employment.

In reaching its decision, the Commission carefully examined the terms of the agreement and the process by which it was negotiated. The Commission concluded that the agreement was made in good faith and reflected a fair and reasonable balance of benefits, protections, and responsibilities. It found that the agreement provided for appropriate wages and conditions, and did not adversely affect the health, safety, or welfare of the employees. Based on these findings, the Commission approved the Darwin Private Hospital - Nurses and Midwives - Enterprise Agreement 2018-2020.

The Fair Work Commission approved the Darwin Private Hospital - Nurses and Midwives - Enterprise Agreement 2018-2020, effective from 1 July 2018, for a period of two years. The agreement was to be applied to all nurses and midwives employed by Healthscope at the Darwin Private Hospital during the specified period.

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