Ramsay Health Care Australia Pty Limited

[2023] FWCA 2544

[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

1. 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

1. 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

1. 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]

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

1. 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. 

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