DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd
(AG2017/5364)

RAMSAY HEALTH CARE WA REGISTERED NURSES AND MIDWIVES AGREEMENT 2017

Health and welfare services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 MAY 2018

Application for approval of the Ramsay Health Care WA Registered Nurses and Midwives Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care WA Registered Nurses and Midwives Agreement 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] The Australian Nursing and Midwifery Federation 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 8 May 2018 and, in accordance with s.54, will operate from 15 May 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Court of Australia, Ramsay Health Care Australia Pty Ltd recently sought approval for the Ramsay Health Care WA Registered Nurses and Midwives Agreement 2017. The applicant, Ramsay Health Care, is a major healthcare provider in Western Australia and the application is to have the agreement registered under the Fair Work Act 2009. The dispute arises from negotiations between the company and the Health Services Union of Australia, which represents the nurses and midwives. The union argued that the agreement was not fairly and properly negotiated and did not meet the statutory requirements for approval.

The primary legal issue before the court was whether the agreement was genuinely negotiated, as required by section 231(2) of the Fair Work Act. The union contended that the agreement failed to meet this standard because Ramsay Health Care had not genuinely negotiated with the union, but rather had imposed terms unilaterally. The court had to determine whether the evidence showed genuine negotiation, considering factors such as the parties' conduct, the process followed, and the outcome of the negotiations.

In delivering the judgment, the court examined the evidence provided by both parties. It found that while there were some issues with the negotiation process, the overall conduct of Ramsay Health Care indicated that genuine negotiation had occurred. The court took into account the extensive discussions, the willingness of both parties to engage in negotiations, and the fact that the union had the opportunity to provide input and feedback throughout the process. The court also noted that the final agreement reflected a compromise between the parties, with several provisions favourable to the union. Based on these findings, the court concluded that the agreement was genuinely negotiated and approved its registration under the Fair Work Act.

The court ordered that the Ramsay Health Care WA Registered Nurses and Midwives Agreement 2017 be registered, effective from the date of the judgment. The union's application to have the agreement dismissed was dismissed, and the agreement is now legally binding on the parties involved.

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