Healthscope Operations Pty Ltd T/A Healthscope

[2022] FWCA 1234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope

(AG2022/892)

Healthscope – Queensland – Allied Health Employees Enterprise Agreement 2021-2024

Health and welfare services
COMMISSIONER SPENCER	BRISBANE, 8 APRIL 2022

Application for approval of the Healthscope – Queensland – Allied Health Employees Enterprise Agreement - 2021-2024.

An application has been made for approval of an enterprise agreement known as the Healthscope – Queensland – Allied Health Employees Enterprise Agreement 2021-2024 (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 (the Applicant). The Agreement is a single enterprise agreement.

Subject to matters that have been addressed by way of undertakings, 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.

As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2022. The nominal expiry date of the Agreement is 31 December 2024

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Healthscope Operations Pty Ltd, trading as Healthscope, applied for approval of the Healthscope – Queensland – Allied Health Employees Enterprise Agreement 2021-2024. The applicant argued that the agreement contained appropriate provisions for employee classification, pay rates, and working conditions. The dispute centred around whether the agreement met the necessary legal standards and whether it appropriately balanced the rights and obligations of both the employer and the employees.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. Specifically, the Commission needed to determine if the classification of roles within the agreement was accurate and if the pay rates were commensurate with the skills and responsibilities of the employees. Additionally, the Commission considered whether the agreement provided adequate safeguards for employees, including provisions for leave, health and safety, and dispute resolution mechanisms.

The Commission examined the evidence provided by both parties and assessed the agreement against the statutory requirements. The Commission found that the classification of roles and the associated pay rates were reasonable and reflective of the skills and responsibilities of the employees. The agreement was also deemed to provide adequate protections for employee health and safety and included appropriate mechanisms for dispute resolution. The Commission concluded that the agreement met the necessary standards and approved it accordingly.

The final orders of the Commission were that the Healthscope – Queensland – Allied Health Employees Enterprise Agreement 2021-2024 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered from the date of the Commission's decision, ensuring that it would be legally binding on both the employer and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established