Ramsay Health Care Australia Pty Limited

[2024] FWCA 3063

[2024] FWCA 3063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ramsay Health Care Australia Pty Limited

(AG2024/2914)

RAMSAY HEALTH CARE SOUTH AUSTRALIA NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 21 AUGUST 2024

Application for approval of the Ramsay Health Care South Australia Nurses Enterprise Agreement 2024

1. An application has been made for approval of an enterprise agreement known as the Ramsay Health Care South Australia Nurses Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ramsay Health Care Australia Pty Limited (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 14 August 2024.

1. In respect of the Notice of Employee Representational Rights (NERR) deficiency, it appears a pre-reform version of the NERR was provided to employees.  I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

1. As the Agreement contains delegates’ rights term which are less favourable than the Award, the delegates’ rights terms contained in the Nurses Award 2020 are taken to be a term of the Agreement.

1. The Australian Nursing and Midwifery Federation South Australian Branch, 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) of the Act I note that the Agreement covers this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2027.

COMMISSIONER

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