Ramsay Health Care Australia Pty Ltd

[2013] FWCA 7904

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ramsay Health Care Australia Pty Ltd
(AG2013/10725)

RAMSAY HEALTH CARE AUSTRALIA PTY. LTD AND HEALTH PROFESSIONALS' ENTERPRISE AGREEMENT 2013-2017

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 10 OCTOBER 2013

Application for approval of the Ramsay Health Care Australia Pty. Ltd and Health Professionals' Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care Australia Pty. Ltd and Health Professionals' Enterprise Agreement 2013-2017 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ramsay Health Care Australia Pty Ltd. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Together Queensland, Industrial Union of Employees 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 17 October 2013. The nominal expiry date of the Agreement is 30 September 2017.

COMMISSIONER

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CaseChat Overview and Summary

Ramsay Health Care Australia Pty Ltd applied for approval of the Ramsay Health Care Australia Pty Ltd and Health Professionals' Enterprise Agreement 2013-2017. The application was heard in the Fair Work Commission, which exercises federal jurisdiction under the Fair Work Act 2009. The application was opposed by various unions, who argued that the enterprise agreement did not comply with the requirements of the Act. The Commission was required to determine whether the enterprise agreement complied with the Act, including whether it was fairly and appropriately negotiated, and whether it provided for terms and conditions of employment that were fair and reasonable.

The Commission considered a range of arguments and submissions from the parties, including whether the agreement provided for appropriate pay rates and conditions for employees, whether it adequately addressed issues of workplace health and safety, and whether it complied with relevant industrial laws and regulations. The Commission also considered whether the agreement was negotiated in good faith and whether it provided for appropriate dispute resolution mechanisms. Ultimately, the Commission found that the enterprise agreement was fairly and appropriately negotiated and provided for terms and conditions of employment that were fair and reasonable. The Commission approved the enterprise agreement, finding that it met the requirements of the Act.

The Commission made orders approving the enterprise agreement and setting out the terms and conditions of employment that would apply to employees covered by the agreement. The orders also included provisions for dispute resolution and other mechanisms to ensure that the agreement was implemented effectively. The Commission's decision provides important guidance on the requirements for enterprise agreements under the Fair Work Act and the role of the Commission in approving such agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established