DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2016/1260)

THE MOUNT HOSPITAL (PROFESSIONAL, CLERICAL, TECHNICAL EMPLOYEES) ENTERPRISE AGREEMENT 2016-2020

Health and welfare services
COMMISSIONER LEE	HOBART, 31 MAY 2016

Application for approval of The Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as The Mount Hospital (Professional, Clerical, Technical Employees) 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] 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 Health 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) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 June 2016. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Healthscope Operations Pty Ltd T/A Healthscope applied for the approval of The Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2016-2020. The respondents to the application included the Australian Nursing and Midwifery Federation and the Health Services Union. The dispute centred on the terms and conditions of employment for professional, clerical, and technical employees within the hospital, specifically the proposed agreement's compliance with the relevant legislative framework.

The primary legal issues before the court were whether the agreement met the procedural requirements of the Fair Work Act 2009 and whether it contained terms that complied with the "better off overall test." The court needed to assess if the agreement had been made in good faith, if it addressed the employees' needs, and if it met the statutory standards for enterprise agreements.

The court found that the agreement had been made in good faith and that the parties had engaged in genuine bargaining. The court also concluded that the agreement complied with the procedural requirements of the Fair Work Act, including the provision of necessary information to the employees and the opportunity for consultation. Furthermore, the court determined that the agreement met the better off overall test, as it provided employees with a range of benefits and protections that were at least as favourable as those under the applicable awards or previous agreements. Therefore, the court approved the enterprise agreement, noting that it was fair and reasonable for the purposes of the legislation.

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