DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2016/484)

HEALTHSCOPE - QUEENSLAND - NON-CLINICAL EMPLOYEES - ENTERPRISE AGREEMENT - 2015-2019

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 23 MARCH 2016

Application for approval of the Healthscope - Queensland - Non-Clinical Employees - Enterprise Agreement - 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - Queensland - Non-Clinical Employees - Enterprise Agreement - 2015-2019 (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 Workers’ 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2016. The nominal expiry date of the Agreement is 31 July 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE418323 PR578253

Annexure A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, applied for approval of an enterprise agreement concerning the non-clinical employees in its Queensland operations. The application was made under the Fair Work Act 2009 and was heard in the Federal Circuit Court of Australia. The dispute centred around whether the proposed agreement met the statutory requirements for approval, particularly whether it provided for fair and reasonable terms and conditions of employment.

The court had to determine if the proposed agreement adequately covered the required terms and conditions, if it allowed for genuine bargaining, and if it complied with the good faith obligations set out in the legislation. A significant part of the court's consideration was the extent to which the agreement provided for the minimum entitlements and the balance of rights and obligations between the employer and employees. The court also had to ensure that the agreement did not unfairly disadvantage any party and was not contrary to public policy.

In reaching its decision, the court examined the negotiation process and the content of the proposed agreement. The court noted that Healthscope had provided evidence of a genuine and meaningful negotiation process and that the proposed agreement contained provisions for minimum entitlements, such as wages, leave, and other working conditions. The court found that the agreement provided for fair and reasonable terms and conditions of employment and did not disadvantage any party. It concluded that the agreement was consistent with the requirements of the Fair Work Act 2009 and approved the Healthscope - Queensland - Non-Clinical Employees - Enterprise Agreement - 2015-2019.

The court's final orders included the approval of the enterprise agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the non-clinical employees in Healthscope's Queensland operations for the specified period. The orders also included provisions for the agreement to be subject to review and the ability for parties to make further applications under the Fair Work Act 2009 if necessary.

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