DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty. Ltd.
(AG2017/1287)

RAMSAY HEALTH CARE AUSTRALIA PTY. LTD., NURSES, MIDWIVES AND THE QUEENSALND NURSES UNION OF EMPLOYEES ENTERPRISE AGREEMENT 2016 - 2019

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 30 MAY 2017

Application for approval of the Ramsay Health Care Australia Pty. Ltd., Nurses, Midwives and the Queensland Nurses Union of Employees Enterprise Agreement 2016-2019.

[1] On 12 April 2017, Ramsay Health Care Australia Pty. Ltd. (Applicant) made an application for approval of the Ramsay Health Care Australia Pty. Ltd., Nurses, Midwives and the Queensland Nurses Union of Employees Enterprise Agreement 2016 – 2019 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Queensland Nurses’ Union of Employees and the Australian Nursing and Midwifery Federation, being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2), the Commission notes that the Agreement covers these organisations.

[7] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 6 June 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

Ramsay Health Care Australia Pty. Ltd. was the applicant seeking approval of the Ramsay Health Care Australia Pty. Ltd., Nurses, Midwives and the Queensland Nurses Union of Employees Enterprise Agreement 2016-2019. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The respondents to the application included the Queensland Nurses Union and various employers' associations. The central dispute centred on whether the terms of the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act.

The court was tasked with determining whether the enterprise agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for approval. This included examining whether the agreement was negotiated in good faith, and whether it met the prescribed criteria for fair and reasonable terms. The court also needed to assess the implications of the agreement on the parties involved, including the implications for bargaining, dispute resolution, and the broader industrial relations landscape.

The FWC found that the agreement was negotiated in good faith and that the terms and conditions were fair and reasonable. The court held that the agreement complied with the statutory requirements for approval, noting that it provided for a comprehensive set of terms and conditions that addressed the needs of both the employees and the employer. The FWC also found that the agreement contained appropriate dispute resolution mechanisms and that it would not have an adverse effect on the broader industrial relations system. Based on these findings, the FWC approved the enterprise agreement.

The FWC's decision approved the Ramsay Health Care Australia Pty. Ltd., Nurses, Midwives and the Queensland Nurses Union of Employees Enterprise Agreement 2016-2019, effective from the date of the decision. The approval was made subject to certain conditions, including the requirement for the agreement to be registered with the Fair Work Commission. The decision also noted that the agreement would remain in effect until superseded by a new agreement or until terminated in accordance with its terms.

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