DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2016/4234)

HEALTHSCOPE - TASMANIA - NURSES - ENTERPRISE AGREEMENT 2016-2020

Tasmania
COMMISSIONER LEE	MELBOURNE, 12 OCTOBER 2016

Application for approval of the Healthscope - Tasmania - Nurses - Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - Tasmania - Nurses - Enterprise Agreement 2016-2020 (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 and Health Services Union of Australia 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 October 2016. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, applied to the Fair Work Commission for approval of the Healthscope Tasmania Nurses Enterprise Agreement 2016-2020. The agreement was to be applied to registered nurses employed by Healthscope Operations Pty Ltd at the Launceston General Hospital in Tasmania. The applicant sought approval under section 233 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for registration, particularly whether it facilitated the harmonious, productive, and economical conduct of the employer’s business and provided for appropriate mechanisms for the determination of terms and conditions of employment.

The legal issues before the Commission were whether the enterprise agreement complied with the requirements of the Fair Work Act, including provisions for minimum wages and conditions, and whether it provided for appropriate mechanisms for resolving workplace disputes. The Commission had to consider if the agreement facilitated the harmonious, productive, and economical conduct of the employer’s business, and if it provided for appropriate mechanisms for the determination of terms and conditions of employment.

The Commission found that the agreement met the statutory criteria for registration. It concluded that the agreement facilitated the harmonious, productive, and economical conduct of the employer’s business. It also provided for appropriate mechanisms for resolving workplace disputes and for the determination of terms and conditions of employment. The agreement contained provisions for minimum wages and conditions that complied with the Fair Work Act. The Commission approved the Healthscope Tasmania Nurses Enterprise Agreement 2016-2020 under section 233 of the Fair Work Act.

The Fair Work Commission approved the Healthscope Tasmania Nurses Enterprise Agreement 2016-2020, effective from 1 July 2016. The agreement was registered and would apply to registered nurses employed by Healthscope Operations Pty Ltd at the Launceston General Hospital in Tasmania.

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