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
(AG2015/2746)

RAMSAY HEALTH CARE AUSTRALIA PTY. LTD. T/A GREENSLOPES PRIVATE HOSPITAL, SUPPORT SERVICES EMPLOYEES AND THE AUSTRALIAN WORKERS' UNION OF EMPLOYEES-QUEENSLAND, ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 4 JUNE 2015

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 2015-2018.

[1] An application has been made for approval of a single 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 2015-2018 (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 Private Hospital.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ramsay Health Care Australia Pty. Ltd. trading as Greenslopes Private Hospital, sought approval of an enterprise agreement from the Fair Work Commission. The agreement was between the hospital and its support services employees, represented by The Australian Workers' Union of Employees-Queensland. The dispute centred on the terms and conditions outlined in the proposed agreement, which the union and the hospital had negotiated. The matter was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over workplace relations matters.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the 'better off overall test' (BOOT) and did not contain terms that were contrary to the public interest or otherwise unlawful. The Commission also had to consider if the agreement was made in good faith and if the process leading to the agreement was fair.

In reaching its decision, the Commission examined the negotiation process and the terms of the agreement. It found that the agreement was made in good faith and that the negotiation process was fair. The Commission further determined that the agreement met the BOOT and did not contain any terms that were contrary to the public interest or otherwise unlawful. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission approved 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 2015-2018, finding that it met the statutory requirements and was made in good faith. The Commission's approval is effective from the date of the decision and will govern the employment conditions of the relevant employees until the end of the agreement's term.

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