Ramsay Health Care Australia Pty Limited Trading AS 003 184 889

[2025] FWCA 1773

[2025] FWCA 1773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ramsay Health Care Australia Pty Limited Trading AS 003 184 889

(AG2025/1257)

RAMSAY HEALTH CARE WESTERN AUSTRALIA REGISTERED NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2025

Health and welfare services
DEPUTY PRESIDENT GRAYSON	SYDNEY, 27 MAY 2025

Application for approval of the Ramsay Health Care Western Australia Registered Nurses and Midwives Enterprise Agreement 2025

Introduction

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 Western Australia Registered Nurses and Midwives Enterprise Agreement 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

1. Under transitional arrangement, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The notification time for the Agreement was before 6 June 2023, on 4 March 2021. Accordingly, the pre-June 2023 genuine agreement requirements apply.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The Agreement was made after 6 June 2023, on 15 April 2025. Accordingly, the better off overall test requirements applying on and form 6 June 2023 apply.

Better Off Overall Test (BOOT) Issues

1. The Commission wrote to the parties seeking responses to a better off overall test (BOOT) concern in relation to the Agreement.

1. I have had regard to the submissions of the Applicant in considering whether the Agreement passes the BOOT. It is on the basis of the acceptance of the submissions that I consider this BOOT concern to be satisfied.

Section 186, 187 and 188

1. Having had regard to the Statement of Principles on Genuine Agreement, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.  

Section 183 Bargaining Representatives

1. The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

1. In accordance with s.201(2), I note that the Agreement covers the ANMF.

Approval

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2025. The nominal expiry date of the Agreement is 11 October 2027.

Variation

1. Section 218A of the Act allows the Commission to correct or amend obvious errors, defects, or irregularities (whether in substance or form). Its evident purpose is to remove complexity associated with varying enterprise agreements in certain limited circumstances.

1. It is significant in understanding the context of s.218A that the Commission can vary an agreement on application by an employer covered by the agreement (s218A(2)(b)(i)). The power to vary an agreement under s.218A is not unlike the slip rule provisions in s.602. An agreement can be varied under s.218A to the extent necessary to remove the error, defect or irregularity – and no further.

1. On 22 May 2025, the Employer identified an error, defect or irregularity with the Agreement, regarding the NES precedence clause.

1. Relevantly, the Employer identified that clause 5 of the Agreement does not include a National Employment Standards (NES) precedence clause in error, and that reference to the NES and its precedence was clearly contained in the explanation of terms and effect of the Agreement provided to employees.

1. Having considered the submissions of the Respondent and the views of the bargaining representative, I am satisfied that the error listed in [12] to [13] above is an error, defect or irregularity within the meaning of s.218A(1) of the Act. I am content to vary the Agreement as submitted by the Employer to rectify this error (PR787666). The variation will operate from the date the Agreement commences.

1. The Agreement attached to this Decision is the Agreement as varied and will operate from 3 June 2025.

DEPUTY PRESIDENT

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<AE529165  PR787665>