Application for approval of the Healthscope Darwin Private Hospital Nurses and Midwives Enterprise Agreement 2024

[1] Healthscope Operations Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Healthscope Darwin Private Hospital Nurses and Midwives Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement does not contain a workplace delegates' rights term as required under s.205A of the Act for agreements made on or after 1 July 2024. Pursuant to s.205A(2) of the Act, the workplace delegates' rights term prescribed by the Nurses Award 2020 is attached to the Agreement and taken to be a term of it.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice under s.183 that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2025. The nominal expiry date of the Agreement is 30 June 2029.

[6] In its application to the Commission, the Employer advised that the Agreement contained a typographical error in the Allowances Table in Schedule C of the Agreement. The Employer stated the on-call allowance as at 1 July 2028 should be $5.36, and not $4.79 as provided in the copy of the Agreement lodged with the approval application. The Employer stated that this error was explained to employees.

[7] In correspondence issued to the parties, I advised the parties that this appeared to be an obvious error within the meaning of s.218A of the Act and sought submissions as to whether I should exercise my discretion to vary the Agreement to correct the error. The Employer advised that it was content for me to exercise my discretion under s.218A of the Act.

[8] I am satisfied that the reference to a $4.79 on-call allowance as at 1 July 2028 in Schedule C of the Agreement is an obvious error within the meaning of s.218A of the Act. Accordingly, I exercise my discretion to vary the Agreement to correct the error, such that the relevant allowance is $5.36. I do so on the Commission's own initiative pursuant to s.218A(2)(a) of the Act. The Employer has provided a corrected copy of the Agreement containing the correct title. That version of the Agreement will be published alongside this decision.

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