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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ramsay Health Care Australia Pty. Ltd., trading as Greenslopes Private Hospital, along with the Queensland Nurses’ Union of Employees, and the Queensland Nurses and Midwives' Union. The dispute centred on the application for the approval of the Greenslopes Private Hospital, Nurses, Midwives and the Queensland Nurses’ Union of Employees Enterprise Agreement 2016-2019. The Fair Work Commission was tasked with determining whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission involved assessing whether the proposed agreement complied with the procedural and substantive requirements outlined in the Act. The Commission needed to determine if the agreement was made in good faith and without coercion and if it included the necessary minimum terms as set out in the Fair Work Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees and whether it adequately addressed the relevant industrial issues.

The Commission undertook a detailed examination of the enterprise agreement, taking into account submissions from both parties. It found that the agreement was made in good faith and without coercion. The Commission also determined that the agreement contained all the required minimum terms and was in the best interests of the employees. It concluded that the proposed agreement adequately addressed the relevant industrial issues and would provide appropriate protections and benefits to the employees. As a result, the Commission approved the enterprise agreement, enabling it to be registered and enforceable under the Fair Work Act.

The final orders of the Commission included the approval and registration of the Greenslopes Private Hospital, Nurses, Midwives and the Queensland Nurses’ Union of Employees Enterprise Agreement 2016-2019, subject to the terms and conditions specified in the agreement. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement would be legally binding and enforceable.

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