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

[2017] FWCA 2564

[2017] FWCA 2564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Private Hospital
(AG2017/1292)

GREENSLOPES PRIVATE HOSPITAL, NURSES, MIDWIVES AND THE QUEENSLAND NURSES’ UNION OF EMPLOYEES ENTERPRISE AGREEMENT 2016 - 2019

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2017

Application for approval of the Greenslopes Private Hospital, Nurses, Midwives and the Queensland Nurses’ Union of Employees Enterprise Agreement 2016 - 2019.

[1] On 13 April 2017, Ramsay Health Care Australia Pty. Ltd. T/A Greenslopes Private Hospital (Applicant) made an application for approval of the Greenslopes Private Hospital, 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 Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Queensland Nurses’ Union of Employees and the Australian Nursing and Midwifery Federation have indicated their acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] 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.

[6] 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.

[7] 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.

[8] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 17 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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Annexure A