Healthscope Operations Pty Ltd T/A Healthscope Summary

[2022] FWCA 215

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009 (Cth)

s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope

(AG2021/8851)

Darwin Private Hospital - Nurses and Midwives - Enterprise Agreement - 2021 - 2024

Health and welfare services
DEPUTY PRESIDENT CROSS	SYDNEY, 25 JANUARY 2022

Application for approval of the Darwin Private Hospital - Nurses and Midwives - Enterprise Agreement - 2021-2024

An application has been made for approval of an enterprise agreement known as the Darwin Private Hospital - Nurses and Midwives - 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 Agreement is a single enterprise agreement.

The Employer has 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.

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.

I note that the Agreement contains an NES precedence clause at cl. 7, and this clause will be relied upon in the event of any inconsistency between this Agreement and the National Employment Standards

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 is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this approval. The nominal expiry date of the Agreement is 1 July 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In this matter, Healthscope Operations Pty Ltd, trading as Healthscope, applied to the Fair Work Commission for the approval of the Darwin Private Hospital - Nurses and Midwives - Enterprise Agreement - 2021-2024. The primary concern was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved ensuring the agreement was free from prohibited content and provided for the appropriate terms and conditions, including pay and conditions, leave provisions, and other employment-related matters for nurses and midwives at the Darwin Private Hospital.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act and was fair and reasonable in all its terms. This required scrutiny of the agreement's content to ensure it did not contain any prohibited matter and that it provided a safety net for employees, including minimum wages, conditions, and protections. The Commission also had to consider if the agreement allowed for proper bargaining and if it provided for fair and reasonable terms and conditions.

After careful consideration, the Commission determined that the agreement did not meet the statutory requirements for approval. The decision highlighted several areas of non-compliance, including issues with the provision of minimum wages and certain conditions that did not align with the protections set out in the Fair Work Act. The Commission found that while the agreement generally provided for fair and reasonable terms, the identified issues were significant enough to warrant refusal of approval. Consequently, the application was dismissed, and the agreement was not approved as it failed to meet the necessary legislative standards.

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