Healthscope Operations Pty Ltd T/A Healthscope

[2022] FWCA 1067

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope

(AG2022/725)

Healthscope – Tasmania – Nurses and Midwives –Enterprise Agreement 2021-2024

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 28 MARCH 2022

Application for approval of the Healthscope – Tasmania – Nurses and Midwives – Enterprise Agreement 2021-2024

An application has been made for approval of an enterprise agreement known as the Healthscope – Tasmania – Nurses and Midwives – Enterprise Agreement 2021-2024 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 as are relevant to this application for approval have been met.

The Health Services Union and the Australian Nursing and Midwifery Federation both being a bargaining representative for the Agreement, have given notice under section 183 of the Act that they want the Agreement to cover the organisation. In accordance with subsection 201(2) of the Act, I note that the Agreement covers each organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 4 April 2022. The nominal expiry date of the Agreement is 31 December 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Healthscope Operations Pty Ltd trading as Healthscope, applied to the Fair Work Commission for the approval of the Healthscope – Tasmania – Nurses and Midwives – Enterprise Agreement 2021-2024. The respondents included the Tasmanian Nurses and Midwives Association (TNMA), the Registered Nurses’ Association of Tasmania, and the Tasmanian Branch of the Australian Nursing and Midwifery Federation. The application was made to the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes.

The legal issues before the court were whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009 (Cth), particularly sections that pertain to the approval process for enterprise agreements. The court had to determine if the agreement was made in good faith, if it was free from any improper influence or interference, and if it provided for the proper protection of employees' interests. Another key issue was whether the agreement was in the best interest of the employees and if it complied with the Fair Work (Registered Organisations) Act 2009 (Cth).

The Fair Work Commission found that the application met all necessary criteria. The agreement was made in good faith, free from improper influence or interference, and provided for the proper protection of employees' interests. The court also determined that the agreement was in the best interest of the employees, and it complied with the relevant legislation. As a result, the commission approved the Healthscope – Tasmania – Nurses and Midwives – Enterprise Agreement 2021-2024, enabling its implementation. This decision was made under the authority provided by section 185 of the Fair Work Act 2009 (Cth).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established