[2015] FWCA 6190

The attached document replaces the document previously issued with the above code on 9 September 2015.

The document has been edited to correct the name of the Agreement in the preamble to:

Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Child Care Centre and the Greenslopes Child Care Centre Employees Enterprise Agreement 2015 - 2018

Angela Delo

Associate to Commissioner Booth

Dated: 17 September 2015

[2015] FWCA 6190

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ramsay Health Care Australia Pty Ltd T/A Greenslopes Child Care Centre
(AG2015/4536)

RAMSAY HEALTH CARE AUSTRALIA PTY. LTD. T/A GREENSLOPES CHILD CARE CENTRE AND THE GREENSLOPES CHILD CARE CENTRE EMPLOYEES ENTERPRISE 2015 - 2018

Children's services
COMMISSIONER BOOTH	BRISBANE, 9 SEPTEMBER 2015

Application for approval of the Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Child Care Centre and the Greenslopes Child Care Centre Employees Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of a single enterprise agreement known as the Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Child Care Centre and the Greenslopes Child Care Centre Employees Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Ramsay Health Care Australia Pty Ltd T/A Greenslopes Child Care Centre.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Voice, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Ramsay Health Care Australia Pty Ltd, trading as Greenslopes Child Care Centre, and the Greenslopes Child Care Centre Employees Enterprise Agreement 2015-2018. The application was brought before the Fair Work Commission for the approval of the enterprise agreement, which governs the employment conditions for employees of the childcare centre.

The primary legal issue before the court was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement complied with the procedural and substantive requirements for an enterprise agreement, including whether it was made in good faith, provided for the proper management of the workplace, and included appropriate provisions for the resolution of disputes.

The Fair Work Commission found that the enterprise agreement was made in good faith and provided for the proper management of the workplace. The agreement included provisions for the resolution of disputes and adhered to the procedural requirements of the Fair Work Act. Furthermore, the court noted that the agreement's provisions were fair and reasonable, taking into account the interests of both the employees and the employer. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Greenslopes Child Care Centre Employees Enterprise Agreement 2015-2018, finding it to be compliant with the necessary criteria under the Fair Work Act 2009.

Ramsay Health Care Australia Pty Ltd T/A Greenslopes Child Care Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established