DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2015/7220)

HEALTHSCOPE QUEENSLAND CLERICAL SERVICES EMPLOYEE AGREEMENT 2015-2019

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 9 FEBRUARY 2016

Application for approval of the Healthscope Queensland Clerical Services Employee Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope Queensland Clerical Services Employee 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] 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.

[3] The Australian Municipal, Administrative, Clerical and 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 February 2016. The nominal expiry date of the Agreement is 1 October 2019

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code J, AE417756 PR576854

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope, applied to the Fair Work Commission for approval of a proposed enterprise agreement. The application was made under section 234 of the Fair Work Act 2009, seeking to establish terms and conditions of employment for clerical services employees across various Queensland facilities. The dispute centred on the specifics of the agreement, including aspects such as pay rates, classification of roles, and conditions of employment.

The legal issues before the Commission involved whether the proposed agreement met the requirements of the Fair Work Act, particularly in terms of good faith bargaining and whether it provided for a fair and efficient workplace. The Commission had to determine if the agreement was in the best interests of the employees and if it facilitated a productive working environment. A key consideration was the fairness of the proposed conditions, particularly in light of the parties' obligations to bargain in good faith and the need for the agreement to be "better off overall" for the employees.

The Fair Work Commission found that the agreement satisfied the legal criteria for approval. The Commission was satisfied that the agreement was the product of genuine bargaining efforts and that it provided for fair and efficient terms. The proposed pay rates and conditions were deemed to be reasonable and in the best interests of the employees. The Commission acknowledged the need for a streamlined classification of roles and noted that the agreement provided for adequate safeguards and protections. Consequently, the Commission approved the Healthscope Queensland Clerical Services Employee Agreement 2015-2019, finding it to be a fair and efficient workplace agreement.

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