DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Limited T/A Ramsay Health Care
(AG2020/1800)

RAMSAY HEALTH CARE NEW SOUTH WALES AND HEALTH SERVICES UNION (HSU) NEW SOUTH WALES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 JULY 2020

Application for approval of the Ramsay Health Care New South Wales and Health Services Union (HSU) New South Wales Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement to be known as the Ramsay Health Care New South Wales and Health Services Union (HSU) New South Wales Enterprise Agreement 2020 (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.

[2] The Employer has provided written undertakings dated 24 July 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Health Professionals and Support services Award 2010), and that the undertakings will not result in substantial changes to 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 of the Act, as are relevant to this application for approval, have been met.

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

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2020. The nominal expiry date of the Agreement is 1 December 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ramsay Health Care Australia Pty Limited, trading as Ramsay Health Care, and the Health Services Union (HSU) New South Wales sought approval for the Ramsay Health Care New South Wales and HSU New South Wales Enterprise Agreement 2020. The application was heard in the Fair Work Commission. The primary legal issue was whether the agreement complied with the relevant legislative provisions and whether it met the criteria for approval under the Fair Work Act 2009.

The court considered whether the agreement was made in good faith and whether it provided for a fair and efficient system of determining employees' terms and conditions. The Commission examined the bargaining process, the terms of the agreement, and the interests of the employees. The court determined that the agreement met the necessary standards for approval, as it was negotiated in good faith, covered all employees within its scope, and provided for a fair and efficient system for determining employees' terms and conditions.

Consequently, the Fair Work Commission approved the Ramsay Health Care New South Wales and HSU New South Wales Enterprise Agreement 2020. The decision confirmed that the agreement complied with the requirements of the Fair Work Act 2009 and was therefore valid and binding on the parties involved.

Ramsay Health Care Australia Pty Limited T/A Ramsay Health Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established