Ramsay Health Care Australia Pty Ltd T/A Westmead Private Hospital

[2021] FWCA 7109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd T/A Westmead Private Hospital
(AG2021/8092)

RAMSAY HEALTH CARE AUSTRALIA PTY LIMITED AND NSW NURSES & MIDWIVES’ ASSOCIATION AND ANMF NSW BRANCH ENTERPRISE AGREEMENT 2021-2023

Health and welfare services
DEPUTY PRESIDENT EASTON	SYDNEY, 14 DECEMBER 2021

Application for approval of the Ramsay Health Care Australia Pty Limited and NSW Nurses & Midwives’ Association and ANMF NSW Branch Enterprise Agreement 2021-2023

[1] Ramsay Health Care Australia Pty Ltd T/A Westmead Private Hospital (the Employer) has made an application for the approval of the Ramsay Health Care Australia Pty Limited and NSW Nurses & Midwives’ Association and ANMF NSW Branch Enterprise Agreement 2021-2023 (the Agreement). The application was made under s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings, a copy of which are attached as Annexure A to this decision. The undertakings can be accepted under s.190 of the Act because I am satisfied that they will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement pursuant to s.191 of the Act.

[3] Subject to the Employer’s undertakings, I am satisfied that each relevant requirement in sections 186, 187, 188 and 190 of the Act has been met.

[4] The Australian Nursing and Midwifery Federation (ANMF) was a bargaining representative for the Agreement and 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 ANMF.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2021. The nominal expiry date of the Agreement is 31 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ramsay Health Care Australia Pty Ltd, trading as Westmead Private Hospital, applied for the approval of their enterprise agreement with the NSW Nurses & Midwives’ Association and the ANMF NSW Branch for the period 2021-2023. The application was made to the Fair Work Commission, which has the authority to approve such agreements under the Fair Work Act 2009. The parties were unable to reach an agreement on their own, hence the application to the Commission for intervention.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This involved ensuring that the agreement provided for the "best interests" of the employees, as well as considering various other statutory factors such as the financial sustainability of the employer and compliance with the national minimum standards. The Commission had to carefully assess the balance between the rights and interests of both the employer and the employees.

In reaching its decision, the Commission considered the evidence presented by both parties, including submissions on the financial health of the hospital and the impact of the proposed agreement on the employees. The Commission found that the agreement, while not perfect, did provide for the best interests of the employees in a fair and reasonable manner. It also considered the provisions regarding pay, conditions, and dispute resolution mechanisms. Given these factors, the Commission concluded that the agreement should be approved as it met the necessary criteria under the Act.

The final orders of the Commission were that the Ramsay Health Care Australia Pty Ltd and NSW Nurses & Midwives’ Association and ANMF NSW Branch Enterprise Agreement 2021-2023 be approved. The agreement was to come into effect from the date of the decision, ensuring that both parties would be bound by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established