Healthscope Operations Pty Ltd T/A Healthscope

[2021] FWCA 6650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2021/8201)

HEALTHSCOPE – SA – NURSES – ENTERPRISE AGREEMENT – 2021-2023

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 11 NOVEMBER 2021

Application for approval of the Healthscope – SA – Nurses – Enterprise Agreement – 2021-2023

[1] An application has been made for approval of an enterprise agreement known as the Healthscope – SA – Nurses – Enterprise Agreement – 2021-2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Healthscope Operations Pty Ltd T/A Healthscope (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 November 2021 and was determined on the papers.

[3] The Applicant has submitted an undertaking in the required form dated 11 November 2021. The undertaking deals with the following topics:

• An employee is not entitled to adoption-related leave unless the child that is, or is to be, placed with the employee for adoption is, or will be, under 16 as at the day of placement, or the expected placement of the child. This applies notwithstanding clause 7.5.2 of the Agreement, which defines child for the purposes of adoption as being under school age.

• If an employee applies for Domestic Violence Leave under the Agreement, the company may only request evidence that would satisfy a reasonable person that the leave is taken for the purposes set out in clause 7.6.9.b of the Agreement.

• The ordinary span of hours for day workers is between 6.00am and 6.00pm, Monday to Friday.

[4] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not object to the undertaking.

[5] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[6] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[7] The Australian Nursing and Midwifery Federation (ANMF), 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 September 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the recent decision of Healthscope Operations Pty Ltd T/A Healthscope, the Fair Work Commission was tasked with considering an application for the approval of the Healthscope – SA – Nurses – Enterprise Agreement – 2021-2023. The dispute involved the proposed enterprise agreement between Healthscope Operations and the Australian Nursing and Midwifery Federation, concerning the terms and conditions of employment for nurses in Healthscope's South Australian facilities. The Commission's role was to determine whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically ensuring it provided for fair and reasonable terms and conditions and facilitated productive workplace relations.

The primary legal issue before the Commission was whether the terms of the proposed agreement complied with the statutory requirements for enterprise agreements. This included assessing whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner, considering the principles of productive workplace relations and the overall economic circumstances. The Commission also needed to ensure the agreement did not unfairly disadvantage any party and provided for appropriate mechanisms for the resolution of workplace disputes.

The Commission found that the proposed agreement met the legislative requirements for approval. It determined that the terms and conditions set out in the agreement were fair and reasonable, taking into account the nature of the work performed by nurses, the economic climate, and the need to facilitate productive workplace relations. The Commission highlighted that the agreement provided for adequate pay rates, leave entitlements, and other employment conditions that were consistent with the broader industry standards. Furthermore, the agreement included provisions for the resolution of disputes and the protection of employees' rights, which were deemed sufficient under the Act. As a result, the Fair Work Commission approved the Healthscope – SA – Nurses – Enterprise Agreement – 2021-2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established