Healthscope Operations Pty Ltd T/A Healthscope

[2025] FWCA 21

[2025] FWCA 21

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s 185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Healthscope

(AG2024/4731)

HEALTHSCOPE – WA – ENROLLED NURSES & SUPPORT SERVICE EMPLOYEES – ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER LIM	PERTH, 2 JANUARY 2025

Application for approval of the Healthscope – WA – Enrolled Nurses & Support Service Employees – Enterprise Agreement 2023.

1. Healthscope Operations Pty Ltd T/A Healthscope (the Applicant) has made an application for the approval of an enterprise agreement known as the Healthscope – WA – Enrolled Nurses & Support Service Employees – Enterprise Agreement 2023 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

1. On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of ss 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

1. I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):

(a)Clause 8.2(2) provides that if an employee fails to give the required notice of termination to the employer, the employer has the right to withhold from the employee’s termination pay an amount that is equal to the period of notice not given. This term does not appear to limit the source of monies which may be deducted and appears to permit the employer to withhold monies owing to the employee under the NES, such as accrued but unused annual leave or long service leave on termination.

1. However, I am satisfied that under clause 4(1) of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

1. The Australian Nursing and Midwifery Federation (ANMF) and the United Workers’ Union (UWU) (together, the organisations), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), and based on the declarations provided by the organisations, I note that the organisations are covered by the Agreement.

1. The Agreement was approved on 2 January 2025 and, in accordance with s 54, will operate from 9 January 2025. The nominal expiry date of the Agreement is 2 January 2028.

COMMISSIONER

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