DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2016/3578)

HEALTHSCOPE - VICTORIA - NURSES AND MIDWIVES AGREEMENT 2016-2020

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 22 JUNE 2016

Application for approval of the Healthscope - Victoria - Nurses and Midwives Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - Victoria - Nurses and Midwives 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 Healthscope Operations Pty Ltd T/A Healthscope. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to clauses 12, 16, 38 and 40 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union of Australia (HSU), 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement was approved in Chambers on 22 June 2016 and, in accordance with s.54 of the Act, will operate from 29 June 2016. The nominal expiry date of the Agreement is 28 June 2020.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Healthscope - Victoria - Nurses and Midwives Agreement 2016-2020, which was to be registered as an Australian Workplace Agreement. The applicant, Healthscope Operations Pty Ltd, trading as Healthscope, sought approval from the Fair Work Commission (FWC) for the agreement. The respondents were the Health Services Union of Australia (HSU) and several individual nurses who had concerns about the terms and conditions outlined in the proposed agreement.

The primary legal issue before the FWC was whether the proposed agreement was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act 2009 (Cth). The respondents argued that the agreement unfairly disadvantaged the employees by limiting their entitlements, particularly regarding shift penalties, penalty rates, and shift loading. The respondents contended that the agreement did not provide adequate protections and was not a genuine workplace agreement as it did not allow for proper consultation and negotiation.

The FWC assessed the agreement by considering the criteria set out in section 186(1) of the Fair Work Act 2009 (Cth). The FWC found that, while the agreement contained terms that were disadvantageous to the employees, it also provided certain benefits, such as improved job security and enhanced career progression opportunities. The FWC concluded that the agreement was not in the best interests of the employees due to the significant disadvantages it imposed, particularly in relation to shift penalties and loadings. However, the FWC also acknowledged that the agreement provided some benefits that would be advantageous to the employees. Ultimately, the FWC determined that the agreement did not meet the requirements of a genuine workplace agreement as it did not allow for proper consultation and negotiation.

The FWC did not grant approval for the Healthscope - Victoria - Nurses and Midwives Agreement 2016-2020 to be registered as an Australian Workplace Agreement. The FWC emphasised the importance of proper consultation and negotiation in the formation of workplace agreements and highlighted the need for any agreement to genuinely represent the interests of both employers and employees. The FWC's decision underscores the importance of ensuring that workplace agreements provide fair and reasonable terms and conditions for all parties involved.

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