Ramsay Health Care Australia Pty Limited Summary

[2021] FWCA 6926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Limited
(AG2021/8358)

RAMSAY HEALTH CARE VICTORIA NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2021-2025

Health and welfare services
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 DECEMBER 2021

Application for approval of the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2021-2025.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2021-2025 (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 Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 1.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Health Services Union and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 December 2021. The nominal expiry date of the Agreement is 30 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

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 the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2021-2025. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered. Ramsay Health Care, represented by its legal team, argued that the agreement was fair and reasonable, while the respondents, who included various nursing and midwifery unions, contended that certain provisions fell short of the statutory criteria.

The key legal issues before the Commission were whether the agreement adequately met the "better off overall test" and whether it contained permissible terms in relation to working conditions, remuneration, and other employment-related matters. The Commission needed to assess if the agreement provided for the fair and reasonable resolution of the employees' interests and whether it complied with the procedural and substantive fairness requirements outlined in the Fair Work Act. Additionally, the court considered whether the agreement provided for the fair and reasonable resolution of the employees' interests and whether it complied with the procedural and substantive fairness requirements.

In its decision, the Fair Work Commission determined that the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2021-2025 was fair and reasonable. The Commission found that the agreement satisfied the better off overall test and contained provisions that were fair and reasonable in all aspects. The Commission concluded that the agreement met the necessary statutory requirements and did not contain any terms that were unfair or unreasonable. The application for approval was subsequently granted, and the agreement was registered.

The Fair Work Commission ordered the registration of the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2021-2025, effective from the date of the decision. This decision provided clarity and finality to the dispute, ensuring that the agreement would govern the employment terms and conditions of the nurses and midwives under Ramsay Health Care in Victoria for the specified period.

Ramsay Health Care Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established