DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2017/2814)

HEALTHSCOPE - QUEENSLAND - ALLIED HEALTH EMPLOYEES - ENTERPRISE AGREEMENT - 2017-2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 20 SEPTEMBER 2017

Application for approval of the Healthscope - Queensland - Allied Health Employees - Enterprise Agreement - 2017-2020.

[1] On 13 July 2017 Healthscope Operations Pty Ltd T/A Healthscope (Applicant) made an application for approval of the Healthscope - Queensland - Allied Health Employees - Enterprise Agreement - 2017-2020 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union (Australian 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 27 September 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, sought approval of a proposed enterprise agreement in relation to allied health employees in Queensland. The matter was heard by the Fair Work Commission. The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement had been fairly negotiated and if it complied with the provisions of the Act, including whether it contained the required minimum terms and conditions of employment.

The Commission undertook a detailed review of the negotiation process, examining the conduct of both parties to ensure the agreement was genuinely negotiated and not imposed. The Commission also assessed whether the agreement contained the mandated minimum terms and conditions, including provisions for minimum wages, penalty rates, leave entitlements, and other employment standards. The Commission found that the agreement had been fairly negotiated and contained all the required minimum terms and conditions. It was noted that both parties had made a genuine effort to reach an agreement through negotiation and that the terms were in line with the legislative requirements.

Based on its findings, the Commission approved the proposed enterprise agreement. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe. The decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and contain the minimum standards required by law. The approval of the agreement will now govern the employment conditions of allied health employees in Queensland for the period 2017-2020.

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