Ramsay Health Care Australia Pty Ltd

[2024] FWCA 674

[2024] FWCA 674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd

(AG2023/5098)

RAMSAY HEALTH CARE QUEENSLAND SUPPORT SERVICES ENTERPRISE AGREEMENT 2023-2026

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 20 FEBRUARY 2024

Application for approval of the Ramsay Health Care Queensland Support Services Enterprise Agreement 2023-2026

1. Ramsay Health Care Australia Pty Ltd (the Applicant) has applied for approval of an enterprise agreement known as the Ramsay Health Care Queensland Support Services Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 

1. The Agreement covers four entities:

·     Ramsay Health Care Australia Pty Ltd;

·     Ramsay Professional Services Pty Ltd;

·     Gold Coast Day Hospitals Pty Ltd t/a Short Street Day Surgery; and

·     Pindara Day Procedure Centre Pty ltd t/a Pindara Day Procedure Centre;

(collectively, the Employers).

1. I am satisfied that the four entities are related employers, capable of making a single-enterprise agreement within the meaning of s.172(2)(a) and s.172(5A)(b) of the Act.  

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (the Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 June 2023 and the Agreement was made on 27 November 2023.  Accordingly, the genuine agreement requirements and better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employers, and the Employers have provided written undertakings. The Australian Workers’ Union (AWU) and the Australian Municipal, Administrative, Clerical and Services Union, Queensland Together Branch (ASU) provided its views in relation to the response and undertaking, expressing concerns.

1. After further email correspondence between the parties, the Employers filed amended undertakings and a response. A copy of the undertakings is attached at Annexure A.  Pursuant to s.190(4) of the Act, I sought the views of the bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The AWU and ASU both informed my chambers that it considers the amended undertakings resolves the outstanding concerns.  

1. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.  Pursuant to s.190 of the Act, I accept the undertakings.  In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above, 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.  The Agreement does not cover all of the employees of the Employers, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The AWU and ASU being bargaining representatives for the Agreement have 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 the AWU and ASU.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2024.  The nominal expiry date of the Agreement is 30 June 2026.

COMMISSIONER

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Annexure A – Undertakings