DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd t/a Hollywood Private Hospital; Joondalup Health Campus; Attadale Rehabilitation Hospital; Glengarry Private Hospital; and Peel Health Campus
(AG2016/2678)

RAMSAY HEALTH CARE WA HOSPITALS HEALTH SERVICES UNION ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 9 MAY 2016

Application for approval of the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2016 (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 Rehabilitation Hospital; Glengarry Private Hospital; and Peel Health Campus. The Agreement is a single enterprise agreement.

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

[3] The Health Services Union of Australia 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, in accordance with s.54 of the Act, will operate from 16 May 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ramsay Health Care Australia Pty Ltd and several of its associated entities, trading under various names, applied to the Fair Work Commission for approval of the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2016. The application was opposed by the Health Services Union of Australia, who raised concerns about the provisions of the agreement, particularly those related to the classification and remuneration of employees. The case was heard by the Full Bench of the Fair Work Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the court was whether the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2016 complied with the requirements set out in the Fair Work Act 2009. This included whether the agreement provided for the fair and reasonable classification and remuneration of employees, and whether it met the criteria for being a single, indivisible agreement. The court also had to consider the impact of the agreement on the employees and the broader workforce.

In its decision, the Full Bench of the Fair Work Commission found that the agreement did not meet the criteria for approval under the Fair Work Act 2009. The court noted that the agreement did not provide for the fair and reasonable classification and remuneration of employees, as it contained provisions that allowed for the underpayment of certain employees. The court also found that the agreement was not a single, indivisible agreement, as it contained provisions that were not consistent with each other. The Full Bench ultimately determined that the agreement did not meet the necessary criteria for approval and dismissed the application for approval.

The Full Bench of the Fair Work Commission dismissed the application for approval of the Ramsay Health Care WA Hospitals Health Services Union Enterprise Agreement 2016. The court found that the agreement did not provide for the fair and reasonable classification and remuneration of employees, and that it was not a single, indivisible agreement. The decision highlights the importance of ensuring that enterprise agreements meet the necessary criteria for approval under the Fair Work Act 2009, and the need for careful consideration of the impact of such agreements on employees and the broader workforce.

Ramsay Health Care Australia Pty Ltd t/a Hollywood Private Hospital; Joondalup Health Campus; Attadale Rehabilitation Hospital; Glengarry Private Hospital; and Peel Health Campus

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established