Healthscope Operations Pty Ltd Trading AS Healthscope

HEALTHSCOPE - SA - NURSES - ENTERPRISE AGREEMENT - 2025

Application for approval of the Healthscope - SA - Nurses - Enterprise Agreement - 2025

[1] An application has been made for approval of an enterprise agreement known as the Healthscope - SA - Nurses - Enterprise Agreement - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Healthscope Operations Pty Ltd Trading AS Healthscope (Healthscope). The Agreement is a single enterprise agreement.

[2] Several issues were raised by the Commission in relation to this application. On 26 August 2025 the Australian Nursing and Midwifery Federation (ANMF) filed a Form F18 Declaration. While the ANMF supports the approval of the agreement, its Declaration raised several further issues. The matter was listed for mention on 2 September 2025. During the course of the mention, Healthscope confirmed it would provide a series of undertakings in relation to the issues raised by the Commission and the ANMF. It also became evident that several of the issues raised by the ANMF were an attempt to agitate or re-agitate issues more properly dealt with during the bargaining process. The ANMF were afforded a further short period in which to provide any further material it wished to in relation to one of its concerns but later withdrew this concern.

[3] A copy of the undertakings provided by Healthscope are attached in Annexure A. I am satisfied that the undertakings 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.

[4] The undertakings relate to:

• Workplace delegates rights

• Written confirmation prior to employment as to regular part time arrangements

• Minimum breaks between shifts

• Penalty rates for casual employees

• Casual loading - calculated exclusive of the casual loading, which is then added to the penalty rate of pay

Interaction with the National Employment Standards

[5] Clause 2.6.4 of the Agreement provides that it will be read and interpreted in conjunction with the National Employment Standards (NES) and where there is an inconsistency between the Agreement and the NES, and the NES provides a greater benefit, the NES provisions will apply to the extent of any inconsistency (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

1. Carer's leave - eligibility: clause 7.2.6(b) of the Agreement provides that the entitlement to carer's leave is subject to the employee being responsible for the care and support of the person concerned, and that in normal circumstances they will not be entitled to take carer's leave where another person has taken leave to care for the same person. Section 97 of the Act deals with the entitlement to carer's leave and does not provide that the entitlement is extinguished where another person has taken leave to care for the same person. In these circumstances, the NES standard provided for in s 97 of the Act will prevail.

2. Personal/carer's leave - notice: clause 7.2.7 of the Agreement provides that employees must inform the employer of their inability to attend for duty "as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence." If not practicable to do so, they must inform the employer within 24 hours of such absence. The Agreement further provides that when taking carer's leave notice must be given prior to the absence of the intention to take leave. To the extent that these requirements are inconsistent with s 107 of the Act, which provides that notice must be given as soon as practicable, which may be a time after the leave has started, the NES will take precedence.

3. Family and domestic violence leave: clause 7.6.9(a) of the Agreement appears to provide that for the purposes of the domestic violence leave clause, family violence behaviour needs to have been reported to the police and/or may be the subject of an Apprehended Violence Order. Section 106B of the Act does not contain this requirement and thus employees covered by the Agreement who cannot meet this requirement remain entitled to access this form of leave by operation of the NES precedence clause.

4. Further, Clause 7.6.9(b) of the Agreement states that the leave is available to part-time and casual employees on a pro-rata basis. Section106A of the Act provides that family and domestic violence leave is available in full to part-time and casual employees. Accordingly, the application of family and domestic violence leave entitlements in respect to part time and casual employees covered by the Agreement should not be applied on a pro rata basis.

[6] Subject to the undertakings referred to above, 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.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

Printed by authority of the Commonwealth Government Printer