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
(AG2015/1561)

GREENSLOPES PRIVATE HOSPITAL, ADMINISTRATIVE EMPLOYEES AND THE AUSTRALIAN MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES UNION, CENTRAL AND SOUTHERN QUEENSLAND, CLERICAL AND ADMINISTRATIVE BRANCH ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 14 JANUARY 2015

Application for approval of the Greenslopes Private Hospital, Administrative Employees and the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland, Clerical and Administrative Branch Enterprise Agreement 2015-2018.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made by Ramsay Health Care Australia Pty Ltd T/A Greenslopes Private Hospital ( the Employer) for the approval of an enterprise agreement known as the Greenslopes Private Hospital, Administrative Employees and the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland, Clerical and Administrative Branch Enterprise Agreement 2015-2018 (the Agreement).

[2] The agreement is a single-enterprise agreement.

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, have 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 this Organisation.

[4] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] 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

Ramsay Health Care Australia Pty Ltd, trading as Greenslopes Private Hospital, along with the Administrative Employees of the hospital and the Australian Municipal, Administrative, Clerical and Services Union, Central and Southern Queensland, Clerical and Administrative Branch, sought approval from the Fair Work Commission for the Enterprise Agreement 2015-2018. The application was made under the Fair Work Act 2009, with the union representing the hospital's administrative employees. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the legislation and if it should be approved.

The primary legal issues before the Commission were whether the agreement was a bona fide enterprise agreement, whether it contained the necessary minimum terms and conditions, and if it had been fairly and properly negotiated. The Commission also considered if the agreement complied with the procedural fairness requirements and if it was in the best interest of the employees. The Fair Work Act mandates that enterprise agreements must cover specific minimum terms and conditions, and the Commission had to assess whether the agreement met these criteria.

In examining the agreement, the Commission found that it had been fairly and properly negotiated and met the legislative requirements. The agreement contained all the necessary minimum terms and conditions, and the process followed complied with procedural fairness. The Commission was satisfied that the agreement was in the best interest of the employees and approved it accordingly. The decision was made in light of the evidence presented and the legislative framework governing enterprise agreements.

The Fair Work Commission approved the Enterprise Agreement 2015-2018, effective from 1st April 2015, and it was registered on the Commonwealth Register of Industrial Agreements. The decision was made in accordance with the Fair Work Act 2009, and the agreement was deemed to be a genuine enterprise agreement that met all legal requirements.

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