Ramsay Health Care Australia Pty Limited

[2020] FWCA 3794

[2020] FWCA 3794

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Limited
(AG2020/1235)

RAMSAY HEALTH CARE HEALTH PROFESSIONALS ENTERPRISE AGREEMENT (VICTORIA) 2020 – 2022

Health and welfare services
DEPUTY PRESIDENT YOUNG	MELBOURNE, 20 JULY 2020

Application for approval of the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2020-2022.

[1] Ramsay Health Care Australia Pty Limited (the Employer) has made an application for approval of an enterprise agreement known as the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2020-2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, the accompanying statutory declaration, and the additional information provided by the Employer, 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] Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] I observe that clause 6.7 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.4.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Health Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[7] The Agreement was approved on 20 July 2020 and, in accordance with s 54, will operate from 27 July 2020. The nominal expiry date of the Agreement is 30 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A