DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2017/4836)

HEALTHSCOPE - PSYCHOLOGISTS & DIETITIANS AGREEMENT 2017 - 2021

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 23 FEBRUARY 2018

Application for approval of the Healthscope – Psychologists & Dietitians Agreement 2017 - 2021

[1] An application has been made for approval of an enterprise agreement known as the Healthscope – Psychologists & Dietitians Agreement 2017 - 2021 (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] The Applicant 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 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.

[4] 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.

[5] The Health Services 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2017. The nominal expiry date of the Agreement is 31 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Healthscope Operations Pty Ltd, trading as Healthscope, applied for approval of the Healthscope – Psychologists & Dietitians Agreement 2017 - 2021. The application involved the terms and conditions of employment for psychologists and dietitians within Healthscope's operations. The dispute arose from the negotiation and approval process of the proposed agreement, which was intended to cover the period from 1 May 2017 to 31 December 2021.

The primary legal issues before the Commission were whether the proposed agreement met the requirements under the Fair Work Act 2009 for approval, including the consideration of minimum entitlements, the process by which the agreement was negotiated, and the fairness of the terms to the employees involved. The Commission had to assess whether the agreement complied with the mandatory provisions of the Fair Work Act, including minimum wage rates, penalty rates, leave entitlements, and other conditions of employment.

The Commission reviewed the negotiation process and found that the agreement was the product of genuine and meaningful bargaining between Healthscope and the relevant employee representatives. The Commission determined that the agreement contained terms that were not less favourable than the applicable minimum entitlements under the relevant awards and the National Employment Standards. Additionally, the Commission noted that the agreement provided for various benefits, including salary increases, additional leave provisions, and provisions for professional development. The Commission concluded that the agreement was fair and reasonable, taking into account the interests of both parties, and approved the Healthscope – Psychologists & Dietitians Agreement 2017 - 2021. The approval ensures that the agreement will now form the basis of the employment conditions for the covered employees 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