DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty. Ltd
(AG2017/3313)

RAMSAY HEALTH CARE HEALTH PROFESSIONALS ENTERPRISE AGREEMENT (VICTORIA) 2016 - 2019

Health and welfare services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 DECEMBER 2017

Application for approval of the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2016 - 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] 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 Health Services Union of Australia 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 15 December 2017 and, in accordance with s.54, will operate from 22 December 2017. The nominal expiry date of the Agreement is
30 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Ramsay Health Care Australia Pty. Ltd, the applicant sought approval of the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2016-2019. The application was heard in the Fair Work Commission, with the respondent being the Health Professionals Union of Australia. The dispute centred around the terms and conditions of employment for health professionals within Ramsay Health Care's Victorian operations, with a particular focus on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the agreement fulfilled the requirements for being a "single, clear and whole" enterprise agreement, as mandated by section 223 of the Fair Work Act. This included assessing whether the agreement covered all employees within the specified enterprise and if it contained the necessary provisions for minimum employment standards and other mandatory terms. Additionally, the court had to determine whether the agreement was procedurally sound, having been made in accordance with the provisions of the Act.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. The court held that the agreement was comprehensive and clearly defined the terms and conditions for the specified employees. It satisfied the criteria of being a "single, clear and whole" agreement and included all mandatory terms and conditions as required by the Fair Work Act. The procedural fairness of the agreement was also upheld, with the court satisfied that the necessary processes had been followed in its development and adoption. Consequently, the application for approval was successful.

The Fair Work Commission approved the Ramsay Health Care Health Professionals Enterprise Agreement (Victoria) 2016-2019, effective from the date of the decision. This decision confirmed the agreement as a valid and enforceable enterprise agreement, governing the employment terms for the specified health professionals within Ramsay Health Care's Victorian operations.

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