DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Limited
(AG2017/862)

RAMSAY HEALTH CARE NEW SOUTH WALES AND HEALTH SERVICES UNION (HSU) NEW SOUTH WALES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 24 APRIL 2017

Application for approval of the Ramsay Health Care New South Wales and Health Services Union (HSU) New South Wales Enterprise Agreement 2016.

[1] On 20 March 2017, Ramsay Health Care Australia Pty Limited (Applicant) made an application for approval of the Ramsay Health Care New South Wales and Health Services Union (HSU) New South Wales Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] The Health Services Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 1 May 2017. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ramsay Health Care Australia Pty Limited applied to the Fair Work Commission (FWC) for approval of the Ramsay Health Care New South Wales and Health Services Union (HSU) New South Wales Enterprise Agreement 2016. The matter was heard by Deputy President P. O'Brien, who was tasked with determining whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The primary issue before the court was whether the agreement satisfied the "better off overall test" as outlined in the Act. This test requires that employees covered by the agreement be no worse off financially, and at least some employees must be better off overall when compared to their previous conditions of employment.

The Deputy President examined the evidence presented by both parties, considering the financial implications of the proposed agreement on the employees. The FWC evaluated whether the agreement provided sufficient improvements in terms and conditions, such as wages, leave entitlements, and other benefits, to meet the statutory threshold. The Deputy President concluded that the agreement did indeed meet the better off overall test, as it provided for both financial and non-financial benefits that significantly improved the terms and conditions of employment for the majority of the covered employees.

Having determined that the agreement met the statutory requirements, Deputy President P. O'Brien approved the Ramsay Health Care New South Wales and Health Services Union (HSU) New South Wales Enterprise Agreement 2016. This decision allowed the agreement to come into effect, providing a new set of terms and conditions for the employees involved. The court's approval was based on a comprehensive analysis of the financial and non-financial benefits provided by the agreement, ensuring that it complied with the legislative framework established by the Fair Work Act 2009.

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