Application for variation of the Darwin Private - Non-Clinical Employees - Enterprise Agreement 2022

[1] Healthscope Operations Pty Ltd has applied for approval of a variation (Variation) to the Darwin Private - 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, South Australia and Northern Territory Branch (HSU) and the United Workers' Union (UWU). Each of the HSU and UWU have informed the Commission that they do not intend to file a Form F23B in the matter and do not wish to be heard on the application.

[4] Healthscope has provided a written undertaking, a copy of which is found in 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.

[5] 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.

[6] The Variation is approved. The Variation takes effect from the date of this decision.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

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