DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Attadale Private Hospital and Glengarry Private Hospital
(AG2019/4908)

RAMSAY HEALTH CARE WA REGISTERED NURSES AND MIDWIVES AGREEMENT 2019

Health and welfare services
COMMISSIONER YILMAZ	MELBOURNE, 25 FEBRUARY 2020

Application for approval of the Ramsay Health Care WA Registered Nurses and Midwives Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care WA Registered Nurses and Midwives Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ramsay Health Care Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Attadale Private Hospital and Glengarry Private Hospital. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 3 March 2020. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Ramsay Health Care Australia Pty Ltd, trading under various names, and the Health Services Union of Australia. The dispute centred around the application for approval of the Ramsay Health Care WA Registered Nurses and Midwives Agreement 2019. The application was brought before the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The primary legal issues before the Commission were whether the proposed agreement complied with the statutory requirements for approval and whether it met the 'better-off-overall' test. The Commission had to determine if the agreement provided a fair and reasonable outcome for the employees and if it was preferable to the existing conditions of employment.

In reaching its decision, the Commission assessed the proposed agreement against the criteria set out in the Fair Work Act. It considered the provisions of the agreement in relation to wages, conditions, and other employment terms. The Commission found that the agreement did not meet the better-off-overall test because the proposed conditions did not provide employees with a better overall outcome than their current employment terms. Specifically, the Commission noted that while some employees would benefit from the proposed changes, others would experience a decrease in their entitlements. The Commission also highlighted the need for the agreement to provide a fair and reasonable outcome for all employees, which it concluded was not achieved in this case.

As a result of this determination, the Commission rejected the application for approval of the agreement. The Commission's decision was based on a careful consideration of the statutory requirements and the need for the agreement to provide a fair and reasonable outcome for all employees. The Commission's decision was final and binding, and no further appeal was possible. This decision underscores the importance of ensuring that any proposed employment agreement meets the stringent criteria for approval under the Fair Work Act, particularly in relation to the better-off-overall test.

Ramsay Health Care Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Attadale Private Hospital and Glengarry 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