Ramsay Health Care Australia Pty Limited

[2024] FWCA 772

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ramsay Health Care Australia Pty Limited

(AG2023/5469)

RAMSAY HEALTH CARE NEW SOUTH WALES HEALTH PROFESSIONALS AND SUPPORT SERVICES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER MATHESON	SYDNEY, 29 FEBRUARY 2024

Application for approval of the Ramsay Health Care New South Wales Health Professionals and Support Services Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Ramsay Health Care New South Wales Health Professionals and Support Services Enterprise Agreement 2023 (Agreement). The application was made by Ramsay Health Care Australia Pty Limited (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement covering three employers that are related employers, being:

Ramsay Professional Services Pty Limited;
BDS Operator Pty Limited; and
Ramsay Health Care Australia Pty Limited.

Changes to the Act came into effect on 6 June 2023 in relation to genuine agreement. The Form F17A indicates that the notification time for the Agreement was 28 February 2023. In these circumstances and as a consequence of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act), clause 66 of Part 13 of Schedule 1 of the Act has the effect that despite the amendments made to the Act by Part 14 of Schedule 1 to the Amending Act, Part 2-4 of the Act continues to apply as if the amendments had not been made. The application has been assessed on this basis, taking into account the provisions of Part 2-4 of the Act in relation to genuine agreement in force immediately prior to 6 June 2023.

The application was accompanied by a signature page that did not comply in all respects with Regulation 2.06A of the Fair Work Regulations 2009 (Cth). An amended signature page was subsequently filed. I consider it appropriate in the circumstances to waive an irregularity in the form or manner in which an application was made and do so pursuant to s.586(b) of the Act.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Health Services Union, 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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2024. The nominal expiry date of the Agreement is 30 November 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

The matter before the Fair Work Commission involved Ramsay Health Care Australia Pty Limited, the employer, and the Health Professionals and Support Services Union, the union representing the employees. The dispute centred on the application for approval of the Ramsay Health Care New South Wales Health Professionals and Support Services Enterprise Agreement 2023. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was appropriately negotiated, if it contained the necessary minimum terms and conditions, and whether it was in the best interest of the employees. The Commission had to consider the process through which the agreement was negotiated and the extent to which it complied with the statutory requirements. Furthermore, the Commission assessed whether the agreement provided adequate protections and benefits to the employees, and whether it met the standard of being in the best interests of the employees.

The Fair Work Commission found that the agreement was appropriately negotiated and contained all the necessary minimum terms and conditions. The Commission was satisfied with the process of negotiation and concluded that it was in the best interests of the employees. The Commission approved the agreement based on the evidence provided, finding that it met all the statutory requirements and provided adequate protections and benefits to the employees.

The final orders of the Fair Work Commission were that the Ramsay Health Care New South Wales Health Professionals and Support Services Enterprise Agreement 2023 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision, and both parties were directed to comply with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established