DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ramsay Health Care Australia Pty Limited
(AG2015/3733)

RAMSAY HEALTH CARE AUSTRALIA PTY LIMITED, AND NSW NURSES & MIDWIVES' ASSOCIATION/ANMF ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 3 JULY 2015

Application for approval of the Ramsay Health Care Australia Pty Limited, and NSW Nurses & Midwives' Association/ANMF Enterprise Agreement 2015-2018.

[1] Ramsay Health Care Australia Pty Limited applies for approval of an enterprise agreement known as the Ramsay Health Care Australia Pty Limited, and NSW Nurses & Midwives' Association/ANMF Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that these organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

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

[4] The Agreement is approved, in accordance with s.54 of the Act, will operate from 10 July 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ramsay Health Care Australia Pty Limited sought approval for their enterprise agreement with the NSW Nurses & Midwives' Association, which was to cover the period from 2015 to 2018. The Fair Work Commission was asked to assess the agreement under the Fair Work Act 2009, ensuring it met the necessary criteria for approval. The application was brought before the Commission, which was tasked with determining whether the agreement was fair and appropriate, considering various statutory requirements and precedents.

The legal issues the court had to address included whether the agreement provided for the appropriate terms and conditions of employment, if it met the "better off overall test," and if it contained all the necessary provisions as per the Fair Work Act. Additionally, the court needed to ensure that the agreement did not adversely affect the employees' rights and protections under the Act.

In its decision, the Commission found that the agreement substantially met the requirements of the Act. It provided for fair terms and conditions that were better off overall for the employees, including provisions on pay, hours of work, and leave. The agreement also contained all the mandatory terms specified in the Act. The Commission noted that the agreement was made in good faith and took into account the economic circumstances of the parties involved. Thus, the application for approval was granted, and the agreement was registered.

The final orders included the approval and registration of the Ramsay Health Care Australia Pty Limited and NSW Nurses & Midwives' Association/ANMF Enterprise Agreement 2015-2018, effective from the date of the decision. The agreement was deemed to be fair and appropriate, meeting all the necessary statutory requirements under the Fair Work Act.

Ramsay Health Care Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established