DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2015/5228)

HEALTHSCOPE & QNU - QUEENSLAND - NURSES - ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 17 NOVEMBER 2015

Application for approval of the Healthscope & QNU - Queensland - Nurses - Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope & QNU - Queensland - Nurses - 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 the Healthscope Operations Pty Limited. The Agreement is a single enterprise agreement.

[2] The Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees lodged an F18 which raised issues of concern regarding payment of public holidays under the terms of the agreement Clause 43, and whether the Clause was inconsistent with the NES. A Decision was issued in transcript that Clause 43 was not inconsistent with the NES.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Nursing and Midwifery Federation and the Queensland Nurses’ Union of Employees, being bargaining representatives for the Agreement, have 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 these organisations.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Healthscope Operations Pty Ltd, trading as Healthscope, and the Queensland Nurses and Midwives' Union. The matter was brought before the Australian Industrial Relations Commission to seek approval for the Healthscope & QNU - Queensland Nurses Enterprise Agreement 2015-2018. The primary issue was whether the terms of the proposed agreement complied with the relevant industrial relations legislation and provided fair terms for both employers and employees.

The court was tasked with examining several legal issues, including whether the agreement appropriately balanced the rights and obligations of both parties, and whether it adhered to the Fair Work Act 2009. Additionally, the court considered whether the agreement appropriately covered necessary aspects such as wages, hours of work, leave provisions, and other employment conditions. The court also had to ensure that the agreement was free from any unfair or discriminatory terms that could contravene industrial laws.

In its reasoning, the court determined that the proposed agreement was largely compliant with the statutory requirements and provided fair terms for both parties. The court found that the agreement appropriately balanced the rights and obligations of both Healthscope and the Queensland Nurses and Midwives' Union. It also satisfied the conditions outlined under the Fair Work Act 2009, including the prohibition of unfair and discriminatory terms. The court was satisfied that the agreement provided adequate coverage of employment conditions and did not impose any unfair burdens on either party.

As a result, the court approved the Healthscope & QNU - Queensland Nurses Enterprise Agreement 2015-2018, ensuring that it would legally bind both parties. The agreement was set to commence on the agreed date, providing a stable and fair framework for employment conditions between Healthscope and the Queensland Nurses and Midwives' Union for the specified period.

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