DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2015/4507)

HEALTHSCOPE - VICTORIA - HEALTH PROFESSIONALS - ENTERPRISE AGREEMENT 2015-2019

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 16 SEPTEMBER 2015

Application for approval of the Healthscope - Victoria - Health Professionals - Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - Victoria - Health Professionals - Enterprise Agreement 2015 (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 of the Act as are relevant to this application for approval have been met.

[3] 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) of the Act 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 23 September 2015. The nominal expiry date of the Agreement is 31 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Healthscope Operations Pty Ltd, trading as Healthscope, which sought approval for the Healthscope Victoria Health Professionals Enterprise Agreement 2015-2019. The application was heard by the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements under the Fair Work Act 2009. The nature of the dispute was whether the agreement met the necessary criteria for approval, including provisions related to employee conditions, dispute resolution, and the avoidance of unprotected industrial action.

The primary legal issues before the Commission were whether the agreement contained appropriate provisions for the resolution of disputes, including the avoidance of unprotected industrial action, and whether the agreement met the requirements for a fair and equitable resolution of workplace issues. Additionally, the Commission needed to determine whether the agreement was made in good faith and whether it contained appropriate provisions for the protection of employees' rights and interests.

In reaching its decision, the Fair Work Commission examined the agreement in detail, considering both the specific provisions and the broader context in which it was made. The Commission found that the agreement contained appropriate provisions for the resolution of disputes and the avoidance of unprotected industrial action. It also concluded that the agreement was made in good faith and provided fair and equitable terms for the employees. Based on these findings, the Commission approved the Healthscope Victoria Health Professionals Enterprise Agreement 2015-2019. The approval was subject to certain conditions, including ongoing monitoring to ensure compliance with the agreement and the Fair Work Act.

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