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

[2019] FWCA 3491

[2019] FWCA 3491

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd T/A Ramsay Health Care Australia
(AG2018/6792)

RAMSAY HEALTH CARE AUSTRALIA PTY LIMITED AND NSW NURSES & MIDWIVES’ ASSOCIATION AND ANMF NSW BRANCH ENTERPRISE AGREEMENT 2018 - 2020

Health and welfare services
DEPUTY PRESIDENT BOYCE	SYDNEY, 21 MAY 2019

Application for approval of the Ramsay Health Care Australia Pty Limited and NSW Nurses & Midwives’ Association and ANMF NSW Branch Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care Australia Pty Ltd & NSW Nurses & Midwives’ Association and ANMF NSW Branch Enterprise Agreement 2018-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Employer, Ramsay Health Care Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings are 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 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation – New South Wales Branch, 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) of the Act I note that the Agreement covers the organisation.

[5] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2019. The nominal expiry date of the Agreement is 31 March 2020.

DEPUTY PRESIDENT

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