DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2015/736)

HEALTHSCOPE - SA - NURSES AGREEMENT - 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 10 APRIL 2015

Application for approval of the Healthscope - SA - Nurses Agreement - 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - SA - Nurses Agreement - 2014-2017 (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/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 agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 April 2015. The nominal expiry date of the Agreement is 30 September 2017.

[5] 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Healthscope Operations Pty Ltd, trading as Healthscope, and the Healthscope Nurses Group. The matter pertained to an application for approval of the Healthscope – SA – Nurses Agreement 2014-2017. The application sought to approve the agreement under section 212 of the Fair Work Act 2009, which allows for the approval of agreements that provide for terms and conditions of employment that are no less favourable than the applicable national system award or registered agreement. The Commission had to determine whether the agreement met the requirements for approval and was in the public interest.

The legal issues before the Commission included whether the agreement provided terms and conditions that were no less favourable than the relevant national system award or registered agreement, and whether the agreement was in the public interest. The Commission also had to consider the views of the parties involved and the broader implications of approving the agreement on the workforce. The Healthscope Nurses Group argued that the agreement was necessary to provide certainty and stability to nurses in the region, while Healthscope contended that the agreement did not provide any additional benefits over existing awards and agreements.

After considering the submissions and evidence from both parties, the Commission found that the agreement provided terms and conditions that were no less favourable than the relevant national system award or registered agreement. The Commission also determined that the agreement was in the public interest, as it provided for a clear framework for employment and would benefit the nurses involved by providing certainty and stability. The Commission approved the Healthscope – SA – Nurses Agreement 2014-2017, subject to certain conditions and amendments. The Commission emphasised the importance of the agreement providing fair and reasonable terms and conditions of employment, and the need for ongoing consultation and communication between the parties to ensure that the agreement continues to meet these standards.

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