Ramsay Health Care Australia Pty Ltd Summary

[2013] FWCA 5894

FAIR WORK COMMISSION

DECISION

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

Ramsay Health Care Australia Pty Ltd
(AG2013/1494)

GREENSLOPES PRIVATE HOSPITAL, NURSING EMPLOYEES AND THE QUEENSLAND NURSES' UNION OF EMPLOYEES, ENTERPRISE AGREEMENT 2013 - 2016

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 19 AUGUST 2013

Application for approval of the Greenslopes Private Hospital, Nursing Employees and the Queensland Nurses' Union of Employees, Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of a single enterprise agreement known as the Greenslopes Private Hospital, Nursing Employees and the Queensland Nurses' Union of Employees, Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ramsay Health Care Australia Pty Ltd.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] On 16 August 2013 an undertaking was provided by the employer. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[4] The Australian Nursing Federation and Queensland Nurses Union of Employees, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ramsay Health Care Australia Pty Ltd, the operator of Greenslopes Private Hospital, along with the Nursing Employees and the Queensland Nurses' Union of Employees, sought approval for the Enterprise Agreement 2013-2016 from the Fair Work Commission. The dispute centred around whether the proposed agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement met all legal requirements and was in the best interest of the employees.

The legal issues before the Commission included whether the agreement contained all mandatory provisions as required by the Fair Work Act, if it was free from prohibited content, and if the bargaining process complied with procedural fairness. Additionally, the Commission had to consider if the terms and conditions of the agreement were fair and reasonable, particularly in light of the parties' bargaining power and the overall economic context.

The Commission examined the agreement clause by clause, ensuring that all mandatory terms were included and that there was no prohibited content such as discriminatory provisions. The bargaining process was also scrutinised to ensure that it adhered to procedural fairness. The Commission found that the agreement was compliant with the Act, contained all necessary provisions, and was free from prohibited content. Moreover, the Commission determined that the agreement was fair and reasonable, taking into account the bargaining power of the parties and the broader economic environment.

The Fair Work Commission approved the Enterprise Agreement 2013-2016, finding it to be compliant with the Fair Work Act and in the best interest of the employees. The decision was made on the basis that the agreement met all legal requirements, was free from prohibited content, and was fair and reasonable. This approval allows the agreement to be implemented and enforceable under the Act.

Ramsay Health Care Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established