Healthscope Operations Pty Ltd T/A Mount Hospital Summary

[2021] FWCA 6621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Healthscope Operations Pty Ltd T/A Mount Hospital
(AG2021/8090)

HEALTHSCOPE – WA – ENROLLED NURSES & SUPPORT SERVICE EMPLOYEES – ENTERPRISE AGREEMENT – 2021-2023

Health and welfare services
DEPUTY PRESIDENT DEAN	CANBERRA, 9 NOVEMBER 2021

Application for approval of the Healthscope – WA – Enrolled Nurses & Support Service Employees – Enterprise Agreement – 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Healthscope – WA – Enrolled Nurses & Support Service Employees – Enterprise Agreement – 2021-2023 (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 Mount Hospital. The Agreement is a single enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation and the United Workers’ Union, being bargaining representatives for the Agreement, have given notices under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2021. The nominal expiry date of the Agreement is 6 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Healthscope Operations Pty Ltd, trading as Mount Hospital, applied to the Fair Work Commission for approval of the Healthscope – Western Australia – Enrolled Nurses & Support Service Employees – Enterprise Agreement – 2021-2023. The application arose from a dispute concerning the terms and conditions of employment for enrolled nurses and support service employees within the organisation.

The primary legal issue before the Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This involved examining whether the agreement met the requirements for "genuine agreement" and "protected action," and whether it contained provisions that were contrary to public policy or were otherwise unlawful.

The Commission reviewed the evidence presented and found that the agreement had been negotiated in good faith and that the necessary majority of employees had voted in favour of the agreement. The Commission also determined that the agreement contained provisions that were consistent with the objectives of the Fair Work Act, including provisions for fair remuneration and working conditions. Consequently, the Commission approved the enterprise agreement, finding that it met all the necessary legal criteria.

No additional orders were made beyond the approval of the enterprise agreement. The Commission's decision was based on a thorough analysis of the evidence and the applicable legal framework, ensuring that the rights and interests of both the employer and the employees were considered in reaching its conclusion.

Healthscope Operations Pty Ltd T/A Mount Hospital

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established