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austlii:cth/FWCA/2026/288
General information, not legal advice.
FWCA
2026-02-06
Original judgment source is linked above.
s.210 - Application for approval of a variation of an enterprise agreement
HEALTHSCOPE - VICTORIA - NON-CLINICAL EMPLOYEES - ENTERPRISE AGREEMENT 2022
Application for variation of the Healthscope - Victoria - Non-Clinical Employees - Enterprise Agreement 2022
[1] Healthscope Operations Pty Ltd has applied for approval of a variation (Variation) to the Healthscope - Victoria - Non-Clinical Employees - Enterprise Agreement 2022 ("Agreement"). The application is made under section 210 of the Fair Work Act 2009 (Act).
[2] The effect of the Variation is to introduce into the Agreement a new salary packaging clause in anticipation of Healthscope transitioning to become a not-for-profit organisation.
[3] The Agreement covers the Health Services Union (HSU). The HSU has not filed a Form F23B. In an email that was issued from my Chambers on 7 January 2026 in relation to this and related applications, we enquired whether the HSU intended to file a Form F23B and/or wished to be heard on the application. We did not receive a response.
[4] Voting for the Variation took place from 20 to 27 October 2025. Of the 1,296 employees affected by the Variation, 955 cast a valid vote and 661 voted to approve the Variation.
[5] The Form F23AB declaration that Healthscope filed with the application stated that 507 of the affected employees were casuals. Given the total number of employees who voted, I requested that Healthscope provide further evidence to demonstrate that any casual employees who voted for the Variation were entitled to do so. Healthscope filed submissions and evidence in response to that request on 30 January 2026.
[6] I accept Healthscope's evidence and submissions on the issue. I am satisfied that the vote was conducted validly and that the majority of eligible employees voted in favour of the Variation.
[7] Having regard to the material in the application and accompanying declaration, I am satisfied that each of the requirements of sections 210 and 211 as are relevant to the application for approval of the Variation have been met.
[8] The Variation is approved. The Variation takes effect from the date of this decision.
[9] The consolidated version of the Agreement, as varied, is attached to this decision.
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