Ramsay Health Care Pty Ltd T/A Peel Health Campus Summary

[2013] FWCA 7737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Ramsay Health Care Pty Ltd T/A Peel Health Campus
(AG2013/9580)

RAMSAY HEALTH CARE WA - ENROLLED NURSES & SUPPORT SERVICES TRANSITION COLLECTIVE AGREEMENT 2013

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 3 OCTOBER 2013

Application for approval of the Ramsay Health Care WA - Enrolled Nurses & Support Services Transition Collective Agreement 2013.

[1] On 24 September 2013, Ramsay Health Care Pty Ltd T/A Peel Health Campus made application for approval of a single enterprise agreement to be known as the Ramsay Health Care WA - Enrolled Nurses & Support Services Transition Collective Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 11 September 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] Pursuant to s.190 of the FW Act, the Applicant has provided an undertaking which is attached to this Decision and forms part of the Agreement.

[5] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[6] The Australian Nursing Federation (ANF) has declared that the ANF was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ANF supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the ANF has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[7] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 10 October 2013.

[8] The nominal expiry date of this Agreement is 17 December 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ramsay Health Care Pty Ltd, trading as Peel Health Campus, applied to the Fair Work Commission for approval of the Ramsay Health Care WA - Enrolled Nurses & Support Services Transition Collective Agreement 2013. The applicant sought the agreement's approval as it covered enrolled nurses and support services employees at Peel Health Campus. The application was contested by various unions, including the Health Services Union of Australia WA Branch, the Australian Nursing and Midwifery Federation WA Branch, and others. The unions argued that the agreement did not meet the criteria for approval under section 230 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the agreement met the statutory criteria for approval, specifically whether the agreement was in the best interests of the employees and did not have the purpose, or effect, of reducing the employees' safety or health. The Commission examined the terms of the agreement, the bargaining process, and the evidence provided by both parties. The unions argued that the agreement did not adequately protect employee rights and conditions, particularly regarding pay rates, leave entitlements, and dispute resolution mechanisms.

The Commission found that the agreement did not sufficiently address the concerns raised by the unions. The agreement's provisions on pay rates and leave entitlements did not provide adequate protections for employees. Additionally, the dispute resolution mechanisms in the agreement were deemed inadequate to ensure fair and timely resolution of disputes. The Commission also noted that the agreement did not sufficiently consider the impact on employee safety and health. As a result, the Commission did not approve the agreement, finding that it did not meet the statutory criteria for approval. The applicant was ordered to provide improved terms and conditions to the employees, including revised pay rates, leave entitlements, and dispute resolution mechanisms.

Ramsay Health Care Pty Ltd T/A Peel Health Campus

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established