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

Annexure A

CaseChat Overview and Summary

The applicant, Ramsay Health Care Australia Pty Limited, sought approval from the Fair Work Commission of the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2020-2022. The dispute arose as the applicant sought to implement a new enterprise agreement with its employees, who were covered by the Health Professionals and Officers (Victorian Public Sector) (HPOVPSA) Multi Enterprise Agreement 2018. The applicant argued that the new agreement would provide better terms and conditions for its employees, and the Commission was asked to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement complied with the requirements for approval under section 233 of the Fair Work Act. This included assessing whether the agreement provided for a fair and efficient system of determining wages and other conditions of employment, and whether it complied with the ‘better off overall test’ under section 235 of the Act. The Commission also had to consider whether the agreement complied with the ‘public interest test’ under section 234 of the Act, which requires that the agreement does not have an adverse effect on the broader public interest.

After considering the submissions from both parties and the evidence presented, the Fair Work Commission found that the proposed agreement met the criteria for approval. The Commission determined that the agreement provided for a fair and efficient system of determining wages and other conditions of employment, and that it complied with the ‘better off overall test’. The Commission also found that the agreement did not have an adverse effect on the broader public interest, and therefore complied with the ‘public interest test’. As a result, the Commission approved the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2020-2022.

The Fair Work Commission approved the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2020-2022. The applicant is now able to implement the terms of the agreement with its employees, subject to any necessary variations or amendments that may be required in the future. The decision provides clarity for both the applicant and its employees regarding the terms and conditions of their employment under the new agreement.

Ramsay Health Care Australia Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established