[2025] FWCA 2388

Fair Work Act 2009

s.185 - Enterprise agreement

HEALTHSCOPE - TASMANIA - NURSES AND MIDWIVES - ENTERPRISE AGREEMENT 2025

Application for approval of the Healthscope - Tasmania - Nurses and Midwives - Enterprise Agreement 2025

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

[2] 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.

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

[4] 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

[5] 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

[6] 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

[7] 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.

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

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