DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2016/372)

ALLIED HEALTH EMPLOYEES (HSU - HEALTHSCOPE) ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 26 FEBRUARY 2016

Application for approval of the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2015 - 2018 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Health Services Union of Australia 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 was approved on 26 February 2016 and, in accordance with s.54, will operate from 4 March 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, applied for approval of the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2015 - 2018 in the Fair Work Commission. The applicants sought to have the enterprise agreement approved and registered under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary requirements for approval, including fair and reasonable terms, and whether it was appropriately negotiated.

The court had to determine if the agreement was appropriately negotiated and if it contained fair and reasonable terms for the employees. Key issues included the process of negotiation, the content of the agreement, and compliance with statutory provisions. Additionally, the court examined whether the agreement adequately covered the terms and conditions of employment, including wages, hours, and other employment-related matters.

The court found that the agreement was appropriately negotiated and contained fair and reasonable terms for the employees. The agreement was comprehensive, covering all necessary aspects of employment and ensuring compliance with statutory requirements. The court concluded that the agreement met the criteria for approval and registration under the Fair Work Act 2009. The application was thus successful, and the enterprise agreement was approved and registered.

The court ordered that the Allied Health Employees (HSU - Healthscope) Enterprise Agreement 2015 - 2018 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to be treated as if it had been made on the date it was lodged for approval.

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