DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Peel Health Campus, Glengarry Private Hospital, Attadale Rehabilitation Hospital
(AG2018/3871)

RAMSAY HEALTH CARE WA - ENROLLED NURSES & SUPPORT SERVICES UNION COLLECTIVE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 22 JANUARY 2019

Application for approval of the Ramsay Health Care WA - Enrolled Nurses & Support Services Union Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care WA - Enrolled Nurses & Support Services Union Collective Agreement 2017 (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, Peel Health Campus, Glengarry Private Hospital, Attadale Rehabilitation 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2019. The nominal expiry date of the Agreement is 17 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Ramsay Health Care Australia Pty Ltd trading as several private hospitals, applied for the approval of the Ramsay Health Care WA - Enrolled Nurses & Support Services Union Collective Agreement 2017. The application was heard in the Fair Work Commission. The primary legal issue the court needed to address was whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its content and the process through which it was made. The court was required to consider whether the agreement met the necessary standards for fair and reasonable terms and conditions of employment and if the union had appropriately represented the interests of the employees during the bargaining process.

The court examined the content of the agreement and the process by which it was negotiated. The agreement included provisions relating to wages, hours of work, leave entitlements, and other employment conditions. The court assessed whether these provisions were fair and reasonable, taking into account economic and other relevant factors. Additionally, the court scrutinised the process of negotiation to ensure that the union had genuinely and effectively represented the employees, as required by the Act. The court found that the agreement was fair and reasonable and that the union had adequately represented the employees during the negotiation process. Consequently, the court approved the agreement.

The court's approval of the collective agreement means that it is now legally binding on the parties involved, including the hospitals and the union. The terms and conditions set out in the agreement will govern the employment of the enrolled nurses and support services staff within the specified hospitals. The approval ensures that the agreement complies with the statutory requirements under the Fair Work Act, providing a framework for fair and reasonable employment terms.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established