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

[2013] FWCA 7266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd T/A Greenslopes Child Care Centre
(AG2013/9315)

RAMSAY HEALTH CARE AUSTRALIA PTY LTD T/A GREENSLOPES CHILD CARE CENTRE AND UNITED VOICE ENTERPRISE AGREEMENT 2013-2015

Children’s services
COMMISSIONER ROBERTS	SYDNEY, 23 SEPTEMBER 2013

Application for approval of the Ramsay Health Care Australia Pty Ltd T/A Greenslopes Child Care Centre And United Voice Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care Australia Pty Ltd T/A Greenslopes Child Care Centre And United Voice Enterprise Agreement 2013-2015 (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 (RHC). The agreement is a single-enterprise agreement.

[2] On 20 September 2013 an undertaking was provided by RHC’s Director of Hospital Support Services, Ms J Beazley, in relation to clause 2.3 (Grievance and Dispute Resolution Procedure) of the Agreement. Pursuant to s.190 of the Act, I accept the undertaking of RHC. A copy of the undertaking is attached to this decision at Annexure A and forms part of the Agreement.

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

[4] The United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Ramsay Health Care Australia Pty Ltd T/A Greenslopes Child Care Centre sought approval of the United Voice Enterprise Agreement 2013-2015. The respondent, United Voice, represented the employees covered by the proposed agreement. The dispute centred on whether the terms of the proposed enterprise agreement were consistent with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court was required to consider the application for approval of the enterprise agreement and assess whether it met the necessary criteria for approval.

The legal issues before the court included whether the agreement contained all the prescribed minimum terms, whether it was consistent with the provisions of the Fair Work Act, and whether it met the requirements for good faith bargaining. Additionally, the court had to determine if the agreement was in the best interests of the employees and whether it provided for appropriate protections and benefits.

In examining the application, the court found that the proposed enterprise agreement contained all the prescribed minimum terms and was consistent with the provisions of the Fair Work Act. The court determined that the agreement had been the product of good faith bargaining and that it met the requirements for approval under the Act. The agreement was found to be in the best interests of the employees, providing for appropriate protections and benefits. Consequently, the court approved the Ramsay Health Care Australia Pty Ltd T/A Greenslopes Child Care Centre And United Voice Enterprise Agreement 2013-2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established