DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Pty Ltd
(AG2016/6330)

RAMSAY HEALTH CARE VICTORIA NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2016-2020

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 13 DECEMBER 2016

Application for approval of the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2016-2020 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement was approved on 13 December 2016 and, in accordance with s.54, will operate from 20 December 2016. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in the case were Ramsay Health Care Pty Ltd and the Health Services Union of Australia. The dispute was about the application for approval of the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2016-2020. The case was heard in the Fair Work Commission of Australia. The Health Services Union of Australia sought approval for the agreement, which aimed to govern the terms and conditions of employment for nurses and midwives working within Ramsay Health Care's Victoria facilities. Ramsay Health Care Pty Ltd opposed the approval, arguing that the agreement contained provisions that were not in line with the Fair Work Act 2009 and its principles.

The legal issues the court needed to decide included whether the agreement's provisions were consistent with the Fair Work Act 2009 and its objectives, and whether the agreement met the requirements for approval under the Act. The court also needed to determine if the agreement appropriately balanced the interests of the employees, the employer, and the public interest. The central point of contention was whether the proposed agreement adhered to the principles of the Fair Work Act 2009 and if it provided for a fair and reasonable resolution of the employment relationship between the parties.

The Fair Work Commission concluded that the agreement did not meet the requirements for approval under the Fair Work Act 2009. The court found that certain provisions within the agreement were not consistent with the Act and its objectives, specifically in relation to the protection of employees' rights and interests. The commission also determined that the agreement did not appropriately balance the interests of the employees, the employer, and the public interest. Consequently, the application for approval of the Ramsay Health Care Victoria Nurses and Midwives Enterprise Agreement 2016-2020 was rejected. The court ordered that the agreement would not be approved, and the parties were directed to continue negotiations to reach a fair and reasonable agreement.

Ramsay Health Care Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established