Healthscope Operations Pty Ltd T/A Healthscope

[2021] FWCA 6650

[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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