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

[2021] FWCA 7109

[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

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Annexure A