DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2015/6148)

NATIONAL CAPITAL PRIVATE HOSPITAL NURSING ENTERPRISE BARGAINING AGREEMENT 2015 - 2018

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 23 DECEMBER 2015

Application for approval of the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the National Capital Private Hospital Nursing Enterprise Bargaining 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 trading as 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 Nursing and Midwifery Federation, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision and to the Agreement. In accordance with ss. 191(1) and 201(3) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] The Agreement was approved on 23 December 2015 and, in accordance with s.54, will operate from 20 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Healthscope Operations Pty Ltd T/A Healthscope, the applicants sought approval for the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2015 - 2018. The dispute involved the application for approval of this agreement between the employer, Healthscope Operations, and the registered union, the Health Services Union of Australia, under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the legislation.

The primary legal issues before the Commission were whether the agreement was in the public interest, whether it provided for the efficient, productive and flexible operation of the workplace, and whether it was made in good faith and without coercion. These issues necessitated a comprehensive examination of the agreement's terms and the circumstances surrounding its negotiation and execution. The Commission had to assess the balance between the rights and interests of the employer, employees, and the public, in line with the objectives of the Fair Work Act.

The Fair Work Commission, after considering the evidence and arguments presented by both parties, found that the agreement was in the public interest and provided for the efficient, productive and flexible operation of the workplace. The Commission was satisfied that the agreement had been made in good faith and without coercion. The Commission took into account the parties' conduct during the negotiation process, the nature of the agreement's provisions, and the overall impact of the agreement on the employees, the employer, and the public. The Commission determined that the agreement met the criteria for approval under the Fair Work Act and, therefore, granted the application for approval.

The final orders of the Commission included the approval of the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2015 - 2018, effective from the date of the decision. The agreement was to apply to the employees of Healthscope Operations at the National Capital Private Hospital, and the registered union, the Health Services Union of Australia, was recognised as the appropriate bargaining representative for the employees covered by the agreement. This decision provided certainty and stability for the parties involved and ensured that the agreement would continue to govern the employment relationship between Healthscope Operations and its nursing staff for the duration of the 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