DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2017/4376)

HEALTHSCOPE - SA- NURSES - ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER MCKINNON	MELBOURNE, 12 FEBRUARY 2018

Application for approval of the Healthscope - SA - Nurses - Enterprise Agreement - 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - SA - Nurses - Enterprise Agreement - 2017-2020 (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] 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] The Australian Nursing and Midwifery Federation South Australian 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 February 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, made an application to the Fair Work Commission for the approval of the Healthscope – SA – Nurses – Enterprise Agreement – 2017-2020. The applicant sought to have the agreement approved as a single, certified agreement under section 234 of the Fair Work Act 2009. The application was opposed by the Australian Nursing and Midwifery Federation, South Australian Branch.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the "better off overall test" and if it contained prohibited content, such as provisions that contravened the Act's unfair dismissal provisions. The opposition argued that the agreement did not meet the better off overall test and contained clauses that were inconsistent with the Act.

The Commission found that the agreement did meet the better off overall test, as it provided for a range of benefits that would be advantageous to the employees, including wage increases and improved working conditions. The Commission also determined that the agreement did not contain any provisions that were inconsistent with the Act, including the unfair dismissal provisions. The opposition's arguments were not upheld, and the application was successful.

The Fair Work Commission approved the Healthscope – SA – Nurses – Enterprise Agreement – 2017-2020 as a single, certified agreement under section 234 of the Fair Work Act 2009. The agreement was approved on the terms and conditions as submitted by the applicant, Healthscope Operations Pty Ltd, trading as Healthscope.

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