DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2015/7171)

HEALTHSCOPE (HUNTER VALLEY PRIVATE HOSPITAL) - NSWNMA/ANMF - NURSES ENTERPRISE AGREEMENT 2015-2019

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 11 FEBRUARY 2016

Application for approval of the Healthscope (Hunter Valley Private Hospital) - NSWNMA/ANMF - Nurses Enterprise Agreement 2015-2019.

[1] On 22 December 2015 Healthscope Operations Pty Ltd T/A Healthscope (Applicant) made an application for approval of the Healthscope (Hunter Valley Private Hospital) – NSWNMA/ANMF – Nurses Enterprise Agreement 2015-2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 19 February 2016. The nominal expiry date of the Agreement is 12 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Healthscope Operations Pty Ltd trading as Healthscope and the NSW Nurses and Midwives Association. The dispute centred on the approval of the Healthscope (Hunter Valley Private Hospital) - NSWNMA/ANMF - Nurses Enterprise Agreement 2015-2019. The case was heard in the Fair Work Commission of Australia.

The legal issues the court had to address included whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining, and whether the agreement was in the best interests of the employees. The court also needed to consider whether the agreement met the minimum standards of the Fair Work Act and if the agreement was properly certified.

The Fair Work Commission found that the enterprise agreement did comply with the provisions of the Fair Work Act. The agreement was made in good faith, met the minimum standards, and was properly certified. The court concluded that the agreement was in the best interests of the employees and approved the application for the agreement's registration. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the application for the registration of the Healthscope (Hunter Valley Private Hospital) - NSWNMA/ANMF - Nurses Enterprise Agreement 2015-2019, confirming its compliance with the Fair Work Act and its benefits for the employees.

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