Ramsay Health Care Australia Pty Limited

[2014] FWCA 6047

FAIR WORK COMMISSION

DECISION

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

Ramsay Health Care Australia Pty Limited
(AG2014/8506)

RAMSAY HEALTH CARE NEW SOUTH WALES AND HEALTH SERVICES UNION (HSU) NEW SOUTH WALES ENTERPRISE AGREEMENT 2014

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 3 SEPTEMBER 2014

Application for approval of the Ramsay Health Care New South Wales and Health Services Union (HSU) New South Wales Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care New South Wales and Health Services Union (HSU) New South Wales Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ramsay Health Care Australia Pty Limited. The agreement is a single-enterprise agreement.

[2] The HSU New South Wales Branch, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisations.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2014. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Ramsay Health Care Australia Pty Limited for the approval of a new enterprise agreement. The Health Services Union (HSU) New South Wales had entered into an agreement with Ramsay Health Care, which sought to regulate employment terms and conditions for employees within New South Wales. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a protected action agreement, which would exempt it from unfair dismissal provisions during its operation.

The legal issues that the Fair Work Commission had to address included whether the agreement met the requirements of the Fair Work Act, including compliance with the "better off overall test" and ensuring that the agreement did not adversely affect employees' general entitlements. Additionally, the Commission had to consider if the agreement adhered to the statutory minimum terms and conditions as outlined in the Act and if it complied with procedural requirements for registration.

The Commission found that the Ramsay Health Care New South Wales and HSU New South Wales Enterprise Agreement 2014 was compliant with the statutory requirements of the Fair Work Act. It concluded that the agreement satisfied the better off overall test, as employees were better off in terms of their overall compensation and conditions compared to the previous agreement. The Commission also determined that the agreement did not undermine the statutory minimum standards and that the process of developing the agreement was fair and in line with the Act's procedural provisions. Consequently, the Fair Work Commission approved the agreement, allowing it to be registered and implemented.

The final orders of the Fair Work Commission included the approval of the Ramsay Health Care New South Wales and HSU New South Wales Enterprise Agreement 2014 as a protected action agreement, exempt from unfair dismissal provisions during its operation. The Commission also directed that the agreement be registered with the Fair Work Commission, making it legally enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established