DECISION

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

Ramsay Health Care Pty Ltd
(AG2018/5841)

RAMSAY HEALTH CARE (VICTORIA) SUPPORT SERVICES ENTERPRISE AGREEMENT 2018 - 2020

Health and welfare services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 5 MARCH 2019

Application for approval of the Ramsay Health Care (Victoria) Support Services Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care (Victoria) Support Services Enterprise Agreement 2018 – 2020 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Ramsay Health Care Pty Ltd. The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is 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, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Health Services Union of Australia, 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), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2019. The nominal expiry date of the Agreement is 31 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Ramsay Health Care Pty Ltd, the employer, and the Health Services Union of Australia, the union representing the employees. The dispute centred around the application for approval of the Ramsay Health Care (Victoria) Support Services Enterprise Agreement 2018-2020. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement provided for the proper bargaining of terms and conditions, and whether it satisfied the 'better off overall test'. The latter required that no party to the agreement would be worse off financially than they would be under the applicable award or registered agreement. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether it contained provisions that complied with the relevant legislative framework.

In reaching its decision, the Commission examined the submissions from both parties, the content of the agreement, and the process by which the agreement was reached. The Commission determined that the agreement had been properly negotiated and contained provisions that were fair and reasonable. The Commission was satisfied that the agreement met the better off overall test and that the process was conducted in good faith. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the Ramsay Health Care (Victoria) Support Services Enterprise Agreement 2018-2020, finding it to be fair and reasonable, and compliant with the statutory requirements. The agreement was registered, thereby providing a framework for the terms and conditions of employment for the relevant employees within the enterprise.

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