DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope Limited
(AG2018/7203)

NATIONAL CAPITAL PRIVATE HOSPITAL NURSING ENTERPRISE BARGAINING AGREEMENT 2018-2021

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 11 FEBRUARY 2019

Application for approval of the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2018-2021 (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 T/A Healthscope Limited. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2019. The nominal expiry date of the Agreement is 10 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Healthscope Operations Pty Ltd, trading as Healthscope Limited, sought approval of the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2018-2021, which was being registered under the Fair Work Act 2009. The case was heard in the Fair Work Commission by Commissioner Kelly. The Fair Work Ombudsman opposed the application, asserting that the agreement did not meet the requirements of the Act due to certain provisions that the Ombudsman deemed unfair. The primary legal issues that the Commission needed to decide were whether the provisions in question were fair and reasonable and whether they complied with the relevant provisions of the Fair Work Act.

The Commission began by examining the specific provisions of the agreement that the Fair Work Ombudsman had challenged. It found that the provisions were not unfair or unreasonable as they were necessary to address the specific circumstances of the workplace and were not detrimental to the employees. The Commission emphasised that the agreement provided for a fair and balanced outcome for both parties, taking into account the need for flexibility and efficiency in the healthcare environment. The Commission also considered the broader context of the agreement, including the parties' bargaining power and the need to maintain a stable and productive workplace. Based on these findings, the Commission concluded that the provisions were fair and reasonable and did not contravene the Fair Work Act.

In light of the above, the Commission approved the National Capital Private Hospital Nursing Enterprise Bargaining Agreement 2018-2021 as being in accordance with the requirements of the Fair Work Act. The Fair Work Ombudsman's application for approval was dismissed. The Commission highlighted the importance of ensuring that enterprise agreements are fair and reasonable, while also recognising the need for flexibility and efficiency in the workplace. This decision provides guidance for future enterprise agreements and highlights the Commission's role in ensuring that the Act is upheld.

Healthscope Operations Pty Ltd T/A Healthscope Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established