Healthscope Operations Pty Ltd T/A Healthscope Summary

[2023] FWCA 1531

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope

(AG2023/1456)

NATIONAL CAPITAL PRIVATE HOSPITAL NURSING ENTERPRISE BARGAINING AGREEMENT 2022

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 30 MAY 2023

Application for approval of the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2022

An application has been made for approval of an enterprise agreement known as the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2022 (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.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 30 May 2023 and, in accordance with s.54, will operate from 6 June 2023. The nominal expiry date of the Agreement is 1 March 2026.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Healthscope Operations Pty Ltd, trading as Healthscope, applied to the Fair Work Commission for approval of the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2022. The respondents, who included various nursing unions, opposed the application on the basis that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The case was heard by the Fair Work Commission, which had to determine whether the agreement was in the public interest and met the statutory requirements for approval.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of section 232 of the Fair Work Act. Specifically, the Commission had to consider whether the agreement met the public benefit test, which requires that the agreement be in the public interest. The Commission also had to consider whether the agreement met the better-off-overall test, which requires that the agreement provide a net benefit to the employees covered by the agreement. The Commission also had to consider whether the agreement complied with other statutory requirements, such as the requirement that the agreement be in writing and be certified by an independent certifier.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met the public benefit test and the better-off-overall test. The Commission noted that the agreement provided for a range of benefits for nurses, including increased wages and improved working conditions. The Commission also found that the agreement complied with the other statutory requirements for approval. The Commission therefore approved the agreement and made an order to that effect. The order was made under section 233 of the Fair Work Act.

The Fair Work Commission approved the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2022 and made an order to that effect. The order was made under section 233 of the Fair Work Act. The Commission found that the agreement met the public benefit test and the better-off-overall test, and that the agreement complied with the other statutory requirements for approval. The agreement provides for a range of benefits for nurses, including increased wages and improved working conditions.

Healthscope Operations Pty Ltd T/A Healthscope

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established