Ramsay Health Care Australia Pty Ltd T/A Ramsay Health Care

[2014] FWCA 5930

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd T/A Ramsay Health Care
(AG2014/8573)

RAMSAY HEALTH CARE (VICTORIA) SUPPORT SERVICES ENTERPRISE AGREEMENT 2014-2017

Health and welfare services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 28 AUGUST 2014

Application for approval of the Ramsay Health Care (Victoria) Support Services Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care (Victoria) Support Services Enterprise Agreement 2014-2017 (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 Pty Ltd. 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 Agreement is approved and, in accordance with s.54, will operate from 4 September 2014. The nominal expiry date of the Agreement is 31 December 2017.

[4] The Health Services 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Ramsay Health Care Australia Pty Ltd, trading as Ramsay Health Care, for the approval of the Ramsay Health Care (Victoria) Support Services Enterprise Agreement 2014-2017. The application was made to the Fair Work Commission, which has jurisdiction over the approval of enterprise agreements under the Fair Work Act 2009. The dispute centres on whether the agreement meets the criteria for approval, including whether it provides for the appropriate bargaining and negotiation processes, and whether it complies with the provisions of the Act.

The legal issues before the court included whether the agreement was made in good faith, whether it was the product of genuine bargaining, and whether it contained the required provisions for the protection of employees. Additionally, the court examined whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the objectives of the Fair Work Act.

The Fair Work Commission found that the agreement had been made in good faith and was the product of genuine bargaining. The court noted that the agreement contained all the necessary provisions required by the Act and provided for fair and reasonable terms and conditions of employment. The court also found that the agreement was consistent with the objectives of the Act, including the promotion of economic prosperity and social inclusion. As a result, the court approved the Ramsay Health Care (Victoria) Support Services Enterprise Agreement 2014-2017.

The Fair Work Commission approved the agreement, and it is now in effect. The decision highlights the importance of ensuring that enterprise agreements meet the requirements of the Fair Work Act, including the need for genuine bargaining and the protection of employees' rights. The decision also underscores the role of the Fair Work Commission in approving enterprise agreements and ensuring that they are consistent with the objectives of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established