DECISION

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

Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Private Hospital
(AG2019/2805)

RAMSAY HEALTH CARE AUSTRALIA PTY. LTD. T/A GREENSLOPES PRIVATE HOSPITAL, SUPPORT SERVICES EMPLOYEES AND THE AUSTRALIAN WORKERS' UNION OF EMPLOYEES - QUEENSLAND, ENTERPRISE AGREEMENT 2019 - 2022

Health and welfare services
COMMISSIONER HUNT	BRISBANE, 18 SEPTEMBER 2019

Application for approval of the Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Private Hospital, Support Services Employees and The Australian Workers' Union of Employees - Queensland, Enterprise Agreement 2019 - 2022.

[1] Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Private Hospital (Ramsay) has applied for approval of an enterprise agreement known as the Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Private Hospital, Support Services Employees and The Australian Workers' Union of Employees - Queensland, Enterprise Agreement 2019 - 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with Ramsay, and as a result, Ramsay has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representative and The Australian Workers’ Union (AWU) regarding the undertakings provided by Ramsay.

[3] The AWU wrote to my chambers and advised that it was comfortable with Ramsay’s written undertakings. The employee bargaining representative did not provide a view on Ramsay’s written undertakings.

[4] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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Annexure A:

CaseChat Overview and Summary

Ramsay Health Care Australia Pty. Ltd., trading as Greenslopes Private Hospital, applied for approval of its enterprise agreement with the support services employees and The Australian Workers' Union of Employees - Queensland. The agreement, which spans from 2019 to 2022, is being sought for approval under the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval under the legislation, particularly focusing on the agreement's compliance with the "better off overall test" (BOOT).

The primary legal issue before the court was whether the enterprise agreement satisfied the BOOT as required by section 230 of the Fair Work Act 2009. This involves assessing if the agreement was likely to result in employees being "better off overall" compared to the applicable award or registered agreement. The court needed to determine if the agreement provided employees with improved conditions, wages, or other benefits that outweigh any potential disadvantages. The court also considered if the agreement was made in good faith and if it complied with other statutory requirements, such as the avoidance of sham arrangements.

The court carefully examined the terms of the enterprise agreement, including wage rates, working conditions, and any additional benefits. It considered submissions from both parties and any relevant precedent. Ultimately, the court found that the agreement met the BOOT as it provided employees with improved conditions and benefits. The court determined that the agreement was made in good faith and complied with all statutory requirements. Therefore, the application for approval was successful.

The final orders of the court were to approve the Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Private Hospital, Support Services Employees and The Australian Workers' Union of Employees - Queensland, Enterprise Agreement 2019 - 2022. This approval ensures that the agreement can be implemented and enforced between the parties. The decision confirms the validity of the agreement and sets a precedent for similar agreements in the future.

Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Private Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established