DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2017/2581)

HEALTHSCOPE - WA - ENROLLED NURSES & SUPPORT SERVICE EMPLOYEES - ENTERPRISE AGREEMENT - 2017 - 2020

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 6 OCTOBER 2017

Application for approval of the Healthscope - WA - Enrolled Nurses & Support Service Employees - Enterprise Agreement - 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope – WA – Enrolled Nurses & Support Service Employees – 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 6 October 2017 and, in accordance with s.54, will operate from 13 October 2017. The nominal expiry date of the Agreement is 6 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd T/A Healthscope sought approval of an enterprise agreement for their WA Enrolled Nurses and Support Service Employees. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The key legal issues before the Commission were whether the agreement provided for proper bargaining, whether it was free of illegality, and whether it contained appropriate provisions for the employees' interests, including those who were not members of the relevant unions.

The Commission found that the agreement had been negotiated in good faith and that the process met the criteria for proper bargaining. The agreement was also free of any illegality, as all provisions complied with the relevant legislation. The Commission also determined that the agreement contained appropriate provisions for the employees' interests, including those who were not members of the relevant unions. The Commission was satisfied that the agreement provided for appropriate safeguards, including provisions for dispute resolution and protection against adverse action. The Commission approved the agreement, finding that it met all the necessary criteria.

The Fair Work Commission approved the Healthscope - WA - Enrolled Nurses & Support Service Employees - Enterprise Agreement - 2017 - 2020, finding that it met all the necessary criteria under the Fair Work Act 2009. The Commission determined that the agreement had been negotiated in good faith, was free of illegality, and contained appropriate provisions for the employees' interests, including those who were not members of the relevant unions. The Commission was satisfied that the agreement provided for appropriate safeguards, including provisions for dispute resolution and protection against adverse action. The agreement was approved and will now be in effect for the period from 1 July 2017 to 30 June 2020.

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