Ramsay Health Care Australia Pty Limited Summary

[2024] FWCA 3063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ramsay Health Care Australia Pty Limited

(AG2024/2914)

RAMSAY HEALTH CARE SOUTH AUSTRALIA NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 21 AUGUST 2024

Application for approval of the Ramsay Health Care South Australia Nurses Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Ramsay Health Care South Australia Nurses Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ramsay Health Care Australia Pty Limited (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 14 August 2024.

In respect of the Notice of Employee Representational Rights (NERR) deficiency, it appears a pre-reform version of the NERR was provided to employees. I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

As the Agreement contains delegates’ rights term which are less favourable than the Award, the delegates’ rights terms contained in the Nurses Award 2020 are taken to be a term of the Agreement.

The Australian Nursing and Midwifery Federation South Australian Branch, 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) of the Act I note that the Agreement covers this organisation.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2027.

COMMISSIONER

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CaseChat Overview and Summary

Ramsay Health Care Australia Pty Limited applied to the Fair Work Commission for approval of the Ramsay Health Care South Australia Nurses Enterprise Agreement 2024. The applicants were represented by counsel, while the respondent, the Australian Nursing and Midwifery Federation, appeared in person. The applicants sought to finalise the agreement to govern the employment of nurses in the South Australian region, with specific focus on wages, conditions of employment, and other terms and conditions.

The primary legal issues the court had to address included whether the agreement met the requirements of the Fair Work Act 2009, including the provision that an agreement must be made in good faith and on a registered bargaining day. The court had to examine the process by which the agreement was negotiated and whether it adhered to the procedural fairness principles established by the legislation. Furthermore, the court needed to determine if the agreement contained any provisions that were contrary to public policy or that failed to meet the standards for genuine bargaining.

The Fair Work Commission found that the applicants had demonstrated that the agreement was negotiated in good faith and was consistent with the requirements of the Fair Work Act. The commission noted that the negotiation process had been transparent and that both parties had engaged in meaningful discussions. The commission also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the needs of both the employer and the employees. Accordingly, the commission approved the Ramsay Health Care South Australia Nurses Enterprise Agreement 2024.

Ramsay Health Care Australia Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established