DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty. Ltd.
(AG2017/4935)

RAMSAY HEALTH CARE AUSTRALIA PTY. LTD. AND HEALTH PROFESSIONALS’ QUEENSLAND ENTERPRISE AGREEMENT 2017/2020

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 5 MARCH 2018

Application for approval of the Ramsay Health Care Australia Pty. Ltd. and Health Professionals’ Queensland Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care Australia Pty. Ltd. and Health Professionals’ Queensland Enterprise Agreement 2017-2020 (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, 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 Municipal and Clerical Services Union Queensland Together Again Branch 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 12 March 2018. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ramsay Health Care Australia Pty. Ltd. sought approval of the Ramsay Health Care Australia Pty. Ltd. and Health Professionals’ Queensland Enterprise Agreement 2017-2020. The application was made to the Fair Work Commission. The dispute arose as the agreement was to govern the terms and conditions of employment for health professionals in Queensland employed by the company. The application was contested by various unions and individual employees, who argued that the agreement did not adequately protect the rights and interests of the employees.

The legal issues before the Commission included whether the agreement met the requirements under the Fair Work Act 2009, particularly regarding the process by which the agreement was made and whether it provided for fair and reasonable terms and conditions of employment. The Commission had to assess if the agreement was made in good faith and whether it complied with the procedural fairness requirements. Furthermore, the Commission needed to determine if the agreement provided for the proper balance of rights and obligations between the employer and employees.

In its decision, the Fair Work Commission found that the agreement had been made in good faith and that the process by which it was negotiated complied with the requirements of the Act. The Commission noted that the agreement contained provisions for fair and reasonable terms and conditions, including appropriate wage rates, leave entitlements, and other employment conditions. The Commission concluded that the agreement was in the best interests of the employees and approved it. The unions and individual employees did not successfully argue that the agreement failed to protect their rights and interests.

The Fair Work Commission approved the Ramsay Health Care Australia Pty. Ltd. and Health Professionals’ Queensland Enterprise Agreement 2017-2020. The agreement was deemed to meet the requirements of the Fair Work Act 2009 and to provide fair and reasonable terms and conditions of employment.

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