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austlii:cth/FWCA/2026/353
General information, not legal advice.
FWCA
2026-02-12
Original judgment source is linked above.
s.210 - Application for approval of a variation of an enterprise agreement
HEALTHSCOPE QUEENSLAND HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2023
Application for variation of the Healthscope Queensland Health Professionals and Support Services Enterprise Agreement 2023
[1] Healthscope Operations Pty Ltd has applied for approval of a variation (Variation) to the Healthscope Queensland Health Professionals and Support Services Enterprise Agreement 2023 ("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 Australian Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU). The ASU informed the Commission that it supports approval of the Variation and that it does not seek to be heard on the application.
[4] The Agreement also covers the Australian Workers' Union, Queensland Branch (AWU). The AWU informed the Commission that it did not want to advise whether it supports or opposes approval of the Variation, and that it did not seek to be heard on the application.
[5] The Agreement also covers the Health Services Union (HSU). The HSU has not filed a Form F23B. In an email sent 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.
[6] Healthscope has provided a written undertaking, a copy of which is Annexure A to this decision. I am satisfied that the undertaking is not likely to cause financial detriment to any affected employee for the Variation or result in substantial changes to the Variation. Pursuant to section 212(3) of the Act, I accept the undertaking. It is taken to be a term of the Agreement.
[7] Having regard to the undertaking and 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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