DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd
(AG2019/2545)

RAMSAY HEALTH CARE WA HOSPITALS HEALTH SERVICES UNION ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER WILLIAMS	PERTH, 4 SEPTEMBER 2019

Application for approval of the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2019 (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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement as clause 2.5 does not comply with the Act.

[4] The Health Services Union 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2019. The nominal expiry date of the Agreement is 30 September 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ramsay Health Care Australia Pty Ltd applied for approval of the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2019. The applicant sought approval from the Fair Work Commission for the proposed agreement, which would cover the employees of Ramsay Health Care Australia Pty Ltd in Western Australia. The dispute arose due to disagreements between the employer and the union regarding certain terms and conditions of employment.

The legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees. The court had to determine whether the agreement was a "better off overall test" agreement, meaning that it provided employees with a better overall package of pay and conditions than the relevant award or safety net. The court also had to ensure that the agreement did not discriminate against any group of employees or contain any unfair provisions.

In reaching its decision, the court considered the submissions from both parties and the evidence provided. The court found that the proposed agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees. The court determined that the agreement provided employees with a better overall package of pay and conditions than the relevant award or safety net. The court also found that the agreement did not discriminate against any group of employees and did not contain any unfair provisions.

The Fair Work Commission approved the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2019. The approval means that the proposed agreement will become a legally binding enterprise agreement between the employer and the union, and will apply to the employees covered by the agreement.

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