DECISION

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

Ramsay Health Care Australia Pty. Ltd.
(AG2019/4138)

RAMSAY HEALTH CARE AUSTRALIA PTY. LTD. (RAMSAY HEALTH CARE), CLERICAL EMPLOYEES AND THE AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION - QUEENSLAND TOGETHER BRANCH, ENTERPRISE AGREEMENT, QUEENSLAND 2019-2022

Health and welfare services
COMMISSIONER BOOTH	BRISBANE, 24 DECEMBER 2019

Application for approval of the Ramsay Health Care Australia Pty. Ltd. (Ramsay Health Care), Clerical Employees and the Australian Municipal, Administrative, Clerical and Services Union - Queensland Together Branch, Enterprise Agreement, Queensland 2019- 2022.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Ramsay Health Care Australia Pty. Ltd. (the Applicant) for approval of the Ramsay Health Care Australia Pty. Ltd. (Ramsay Health Care), Clerical Employees and the Australian Municipal, Administrative, Clerical and Services Union - Queensland Together Branch, Enterprise Agreement, Queensland 2019- 2022 (the Agreement). The Agreement is a single enterprise agreement.

[2] Correspondence was sent to the Applicant and bargaining representatives on 22 November 2019, raising concerns in relation to the Agreement.

[3] The Applicant provided responses to the concerns raised on 26 November 2019. Further to these responses, a formal undertaking was requested in relation to the time off in lieu matter. The Applicant provided a signed undertaking, which was agreed to by the Australian Municipal, Administrative, Clerical and Services Union-Queensland Together Branch (the ASU), on 20 December 2019.

[4] The undertakings meets the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[5] Subject to the undertaking provided, 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.

[6] The ASU filed a Form F18 in this matter, advising that it supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2), I note that the Agreement covers the ASU.

[7] The Agreement is approved and, in accordance with s.54 of the Act and clause 1.2 of the Agreement, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

In the Fair Work Commission, Ramsay Health Care Australia Pty. Ltd., a healthcare provider, sought approval for a proposed enterprise agreement with its employees represented by the Australian Municipal, Administrative, Clerical and Services Union – Queensland Together Branch. The dispute centred on whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its provisions and compliance with minimum entitlements. The Commission was tasked with assessing if the agreement was in the best interests of the employees and if it adhered to the relevant legislative framework.

The primary legal issues the Commission had to address were whether the proposed enterprise agreement complied with the minimum standards set out in the Fair Work Act and if it was made in good faith. Additionally, the Commission needed to determine if the agreement was fair and reasonable, taking into account the interests of both the employees and the employer. The focus was on whether the agreement provided adequate protections and benefits for the employees while ensuring that the employer's operational needs were met.

In its decision, the Commission thoroughly examined the terms of the proposed agreement, including wages, conditions of employment, and dispute resolution mechanisms. The Commission found that the agreement provided fair and reasonable terms for the employees, aligning with the minimum entitlements required by law. It was concluded that the agreement was made in good faith and met the statutory requirements under the Fair Work Act. Consequently, the Commission approved the Ramsay Health Care Australia Pty. Ltd. Clerical Employees and the Australian Municipal, Administrative, Clerical and Services Union – Queensland Together Branch, Enterprise Agreement, Queensland 2019-2022.

Ramsay Health Care Australia Pty. Ltd.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established