Healthscope Operations Pty Ltd T/A Healthscope

[2021] FWCA 6617

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope
(AG2021/7775)

THE MOUNT HOSPITAL (PROFESSIONAL, CLERICAL, TECHNICAL EMPLOYEES) ENTERPRISE AGREEMENT 2021-2023

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 9 NOVEMBER 2021

Application for approval of the The Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2021-2023

[1] Healthscope Operations Pty Ltd T/A Healthscope (the Employer) has made an application for approval of an enterprise agreement known as The Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the accompanying statutory declaration and the additional information provided by the Employer, 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.

[4] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 November 2021 and, in accordance with s 54, will operate from 16 November 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Healthscope Operations Pty Ltd, trading as Healthscope, applied for approval of the The Mount Hospital (Professional, Clerical, Technical Employees) Enterprise Agreement 2021-2023. The dispute arose from the negotiation and subsequent application for approval of an enterprise agreement between Healthscope and its employees, represented by the Health Professionals and Support Services Union. The application sought the Fair Work Commission's approval of the terms and conditions outlined in the agreement, which included pay rates, working conditions, and dispute resolution mechanisms for the employees.

The legal issues before the Commission involved whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it facilitated, encouraged, or promoted the improvement of employees' terms and conditions of employment. The Commission also considered if the agreement had been genuinely bargained and whether it provided for the appropriate processes for resolving disputes. Furthermore, the Commission examined whether the agreement would promote streamlined enterprise bargaining and industrial peace.

The Commission found that the agreement met the statutory requirements for approval. It was determined that the agreement facilitated and encouraged improvements in the employees' terms and conditions of employment. The Commission also concluded that the agreement had been genuinely bargained and provided for appropriate processes for resolving disputes. The agreement was found to promote streamlined enterprise bargaining and industrial peace, fulfilling the objectives of the Fair Work Act. The Commission approved the agreement, acknowledging the efforts of both parties in reaching a fair and reasonable outcome for the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established