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

[2019] FWCA 6498

[2019] FWCA 6498

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 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: