Ramsay Health Care Australia Pty Limited

[2023] FWCA 2998

[2023] FWCA 2998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ramsay Health Care Australia Pty Limited

(AG2023/2630)

RAMSAY HEALTH CARE QUEENSLAND NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2023-2025

Health and welfare services
COMMISSIONER MATHESON	SYDNEY, 15 SEPTEMBER 2023

Application for approval of the Ramsay Health Care Queensland Nurses and Midwives Enterprise Agreement 2023-2025

1. An application has been made for approval of an enterprise agreement known as the Ramsay Health Care Queensland Nurses and Midwives Enterprise Agreement 2023-2025 (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. There are three employers covered by the Agreement, all of which are related employers that meet the circumstances described in s.172(5A) of the Act.

1. The Form F17A declaration filed with the application indicates that the notification time for the Agreement was 13 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.

1. The Applicant, who is also an 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. 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.

1. 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.

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

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2023. The nominal expiry date of the Agreement is 30 June 2025.

Error and amendment

1. There is an error in the Agreement regarding the rate of pay for a Level 4 Assistant Director of Clinical Services. In this regard, the Applicant submits that a decision was made to increase the rate for a Level 4 Assistant Director of Clinical Services, 50-150 beds, from $67.19 to $69.15, that the decision was implemented, and the six employees impacted were advised of this in writing. The Applicant submits that it was this rate of $69.15 that was intended to be included in the Agreement but that in the final version of the Agreement the old rate of $67.19 was included in error, with the relevant increases applied to the incorrect rate. The Applicant submits that the employees were advised of the error, the matter was discussed with the AMNF and that it was agreed that the Applicant would seek to have the error corrected during the approval process. The AMNF agreed that the error was an obvious one, notes that the correction is not detrimental to the six employees impacted and submits that the amendment will be beneficial as the correct, higher rates will be clear within the Agreement.

1. I am satisfied that the error is an obvious one as contemplated by s.218A of the Act and amend the agreement to include the correct rate of $69.15 for a Level 4 Assistant Director of Clinical Services, 50-150 beds, with the relevant increases applied to this rate. The amended rates are as reflected in the Agreement published with this decision. The amendment will operate from the date the Agreement commences operation.

COMMISSIONER

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Annexure A