Healthscope Operations Pty Ltd Summary

[2025] FWCA 2388

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Healthscope Operations Pty Ltd

(AG2025/2037)

HEALTHSCOPE – TASMANIA – NURSES – ENTERPRISE AGREEMENT 2025

Health and welfare services
DEPUTY PRESIDENT FAROUQUE	MELBOURNE, 18 JULY 2025

Application for approval of the Healthscope – Tasmania – Nurses – Enterprise Agreement 2025

Introduction

Healthscope Operations Pty Ltd (the Employer) has made an application for approval of a single-enterprise agreement known as the Healthscope – Tasmania – Nurses – Enterprise Agreement 2025 (the Agreement), pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act).

Better Off Overall Test (BOOT) issues

The Employer, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) have had an opportunity to provide further submissions on matters relating to the Better Off Overall Test (BOOT). The Employer and HSU provided submissions on the BOOT.

Having regard to the submissions I have received and the other information before me, I am satisfied that the Agreement passes the BOOT.

National Employment Standards (NES) Issues

I note that clause 42.8 of the Agreement (which relates to deductions from wages on termination of employment) may be inconsistent with the National Employment Standards (NES). The Employer has provided a written undertaking which replicates clause 32.1(d) of the Award and states that clause 42.8 will now be read as such. Consequently, I am satisfied that the terms of the Agreement do not contravene s 55 of the Act.

Section 190 Undertakings

The Employer has provided a written undertaking. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertaking 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. The undertakings are taken to be a term of the Agreement.

Section 186, 187, 188 and 190

Subject to the undertakings referred to above, 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.

Section 183 Bargaining Representatives

The ANMF and HSU being bargaining representatives for the Agreement, have given notice under s 183 of the Act that each wants the Agreement to cover it. In accordance with s 201(2), I note the Agreement covers the ANMF and HSU.

Approval

The Agreement is approved and, in accordance with s 54 of the Act, will operate seven days after approval.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

In this case, Healthscope Operations Pty Ltd sought approval for the Healthscope – Tasmania – Nurses – Enterprise Agreement 2025. The applicant was the employer of registered nurses in Tasmania. The agreement was proposed to replace the existing Enterprise Agreement that was due to expire. The Fair Work Commission (FWC) was the body responsible for hearing and determining the application for approval.

The legal issues before the FWC included whether the proposed agreement met the requirements under the Fair Work Act 2009. Specifically, the FWC had to consider if the agreement provided for fair and reasonable terms and conditions for the employees, and if it complied with the good faith obligations under the Act. Additionally, the FWC needed to ensure that the agreement did not unfairly disadvantage any party and that it was appropriately certified by the relevant union.

The FWC found that the proposed agreement met the necessary criteria for approval. The terms and conditions were deemed fair and reasonable, taking into account the interests of both the employer and the employees. The FWC also determined that the agreement was appropriately certified and that it did not contain any provisions that would unfairly disadvantage either party. Given these findings, the FWC approved the Healthscope – Tasmania – Nurses – Enterprise Agreement 2025, allowing it to come into effect on the expiration of the existing agreement.

Healthscope Operations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established