Healthscope Operations Pty Ltd trading as Healthscope

[2025] FWCA 3548

[2025] FWCA 3548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Healthscope Operations Pty Ltd trading as Healthscope

(AG2025/2796)

HEALTHSCOPE – QUEENSLAND – ALLIED HEALTH EMPLOYEES – ENTERPRISE AGREEMENT – 2025 - 2027

Health and welfare services
DEPUTY PRESIDENT BUTLER	BRISBANE, 23 OCTOBER 2025

Application for approval of the Healthscope – Queensland – Allied Health Employees – Enterprise Agreement – 2025 - 2027

1. Healthscope Operations Pty Ltd trading as Healthscope (“the Employer”) has applied for approval of an enterprise agreement known as Healthscope – Queensland – Allied Health Employees – Enterprise Agreement – 2025 - 2027 (“the Agreement”). The Application was made under section 185 of the Fair Work Act 2009 (“the Fair Work Act”). The Agreement is a single enterprise agreement.

Pre-approval requirements

1. The Notice of Employee Representational Rights appears to have been given in an outdated version of the prescribed form. For the purposes of subsection 188(5) I am satisfied that this was a minor technical error and not likely to disadvantage any employees in the circumstances.

1. Notice of the ballot was given 7 days, rather than 7 clear days, before it opened. The Employer submits that employees had sufficient time to review the Agreement and were aware of how and when to vote. They rely on the voter turnout of 79.85% as demonstrating that employees were aware. The Australian Municipal, Administrative, Clerical and Services Union (“ASU”) has told the Commission it does not have any objections in relation to this access period. In the circumstances I accept this inconsistency with the Statement of Principles on Genuine Agreement does not prevent a finding that the Agreement was genuinely agreed to.

Terms of the Agreement

1. I have considered the definition of “shiftworker” in light of section 196 of the Fair Work Act. The formulation is different to that provided for under the Award but having considered the Employer’s submissions I am satisfied that an employee who would be a shiftworker under the Award definition would also be a shiftworker under the Agreement definition.

1. Pursuant to s.202(4) and item 107 of Schedule 1 of the Fair Work Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The National Employment Standards

1. Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards (“NES”) in the Fair Work Act will prevail where there is an inconsistency between the Agreement and the NES.

Better off overall test and conclusion

1. The Employer has given written undertakings in accordance with section 190 of the Fair Work Act. The undertakings are attached as Annexure A to this decision. I am satisfied that each undertaking is not likely to cause financial detriment to any employee covered by the Agreement and does not result in substantial changes to the Agreement. Each undertaking is taken to be a term of the Agreement.

1. With the undertakings now given, and after having regard to the Statement of Principles on Genuine Agreement as well as the application and declarations filed in this matter, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Fair Work Act, as are relevant to this application for approval, have been met.

1. The ASU lodged a declaration in the prescribed form[1] giving notice under s.183 of the Fair Work Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Fair Work Act, I note the Agreement covers the ASU.

1. The Agreement is approved and will operate in accordance with section 54 of the Fair Work Act. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Annexure A

[1] Form F18.

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