Healthscope Operations Pty Ltd T/A Healthscope

Case [2023] FWCA 200


[2023] FWCA 200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope

(AG2022/5242)

DARWIN PRIVATE – NON-CLINICAL EMPLOYEES – ENTERPRISE AGREEMENT 2022

Health and welfare services

COMMISSIONER P RYAN

SYDNEY, 20 JANUARY 2023

Application for approval of the Darwin Private – Non-Clinical Employees – Enterprise Agreement 2022

Introduction

  1. Healthscope Operations Pty Ltd (Employer) has made an application for approval of an enterprise agreement known as the Darwin Private – Non-Clinical Employees – Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 190 Undertakings

  1. The employer provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

  1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Section 183 Bargaining Representatives

  1. The United Workers Union (UWU) being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

  1. In accordance with s.201(2), I note that the Agreement covers the UWU.

Approval

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 January 2023. The nominal expiry date of the Agreement is 1 October 2025.

COMMISSIONER

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Details
AGLC
Healthscope Operations Pty Ltd T/A Healthscope [2023] FWCA 200
Case
[2023] FWCA 200
Decision Date

CaseChat Overview and Summary

The applicants, Healthscope Operations Pty Ltd trading as Healthscope, sought approval of the Darwin Private – Non-Clinical Employees – Enterprise Agreement 2022. The application was heard by the Fair Work Commission, which was tasked with assessing whether the agreement complied with the relevant industrial relations legislation. The dispute centred on various terms and conditions of employment for non-clinical staff at Healthscope's Darwin facility, including pay rates, working hours, and leave entitlements.

The primary legal issues the Commission needed to address were whether the agreement was genuinely negotiated, whether it met the requirements for a single-enterprise agreement, and whether it provided for minimum pay rates and conditions as stipulated by the Fair Work Act 2009. Additionally, the Commission examined whether the agreement adequately protected employees' rights and interests while also being fair and reasonable for employers.

After thorough consideration of the submissions and evidence presented, the Fair Work Commission determined that the Darwin Private – Non-Clinical Employees – Enterprise Agreement 2022 was genuinely negotiated and met the legislative criteria for approval. The Commission found that the agreement provided for minimum pay rates and conditions and was fair and reasonable, balancing the interests of both employees and employers. Consequently, the Commission approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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