Ramsay Health Care Australia Pty Limited

[2023] FWCA 2544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ramsay Health Care Australia Pty Limited

(AG2023/2544)

RAMSAY HEALTH CARE GREENSLOPES PRIVATE HOSPITAL SUPPORT SERVICES EMPLOYEES ENTERPRISE AGREEMENT 2023 - 2026

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 15 AUGUST 2023

Application for approval of the Ramsay Health Care Greenslopes Private Hospital Support Services Employees Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement to be known as the Ramsay Health Care Greenslopes Private Hospital Support Services Employees Enterprise Agreement 2023 - 2026 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ramsay Health Care Australia Pty Limited (Employer). The Agreement is a single enterprise agreement.

Coverage of employee organisation

The following employee organisations (all of which were bargaining representatives for the Agreement), have given notice under s.183 of the Act that they want to be covered by the Agreement:
Australian Workers’ Union;
Association of Professional Engineers, Scientists and Managers, Australia; and
Australian, Municipal, Administrative, Clerical and Services Union

Conclusion

I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 August 2023. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. This Agreement was made after 6 June 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Ramsay Health Care Australia Pty Limited for the approval of the Ramsay Health Care Greenslopes Private Hospital Support Services Employees Enterprise Agreement 2023 - 2026. This agreement, which was submitted for consideration, pertains to the terms and conditions of employment for support services employees at the Ramsay Health Care Greenslopes Private Hospital. The primary objective of the application was to ensure that the proposed agreement met the statutory requirements under the Fair Work Act 2009.

The central legal issues that the Fair Work Commission was required to address included whether the proposed agreement satisfied the provisions of the Fair Work Act, particularly in terms of the 'better-off-overall test', the 'directness test', and whether it contained mandatory provisions as required by the Act. Additionally, the Commission needed to determine if the agreement was free from any discriminatory provisions and whether it provided adequate protections for employees. The Commission also examined the process by which the agreement was negotiated and whether it complied with the procedural fairness requirements.

The Fair Work Commission, after conducting a thorough review of the application, determined that the proposed agreement met all the statutory requirements. The Commission found that the agreement adhered to the better-off-overall test, ensuring that employees would not be worse off financially under the new terms. The directness test was also satisfied, as the agreement directly related to the employment of the employees covered by it. The Commission further confirmed that the agreement contained all mandatory provisions and was free from any discriminatory content. It was also satisfied that the negotiation process was fair and complied with the necessary procedural requirements. Consequently, the Fair Work Commission approved the Ramsay Health Care Greenslopes Private Hospital Support Services Employees Enterprise Agreement 2023 - 2026.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, which would now be applicable to the relevant employees from the effective date as stipulated in the agreement. The Commission also directed that the agreement be registered with the Fair Work Commission, making it a legally binding document under the Fair Work Act. This decision ensures that the terms and conditions of employment for the support services employees at Ramsay Health Care Greenslopes Private Hospital are governed by this approved agreement, providing clarity and certainty for both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established