DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care (South Australia) Pty Limited T/A Fullarton Private Hospital and Kahlyn Day Centre; Adelaide Clinic Holdings Pty Ltd T/A The Adelaide Clinic
(AG2017/4696)

RAMSAY HEALTH CARE (SA) & ANMF-SA NURSING EMPLOYEES ENTERPRISE AGREEMENT 2017

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 19 FEBRUARY 2018

Application for approval of the Ramsay Health Care (SA) & ANMF-SA Nursing Employees Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Ramsay Health Care (SA) & ANMF-SA Nursing Employees Enterprise Agreement 2017 (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 (South Australia) Pty Limited T/A Fullarton Private Hospital and Kahlyn Day Centre; Adelaide Clinic Holdings Pty Ltd T/A The Adelaide Clinic. The Agreement is a single enterprise agreement.

[2] The Applicant 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 referred to above, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 February 2018. The nominal expiry date of the Agreement is 1 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Ramsay Health Care (SA) & ANMF-SA Nursing Employees Enterprise Agreement 2017. The applicant, Ramsay Health Care (South Australia) Pty Limited, trading as Fullarton Private Hospital and Kahlyn Day Centre, sought to have the agreement, which was made between the employer and the Australian Nursing and Midwifery Federation, South Australian Branch, approved by the Commission. The application was contested by the Health Services Union of Australia, which argued that the agreement should not be approved due to various concerns regarding its fairness and compliance with the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act, particularly in terms of its procedural fairness and whether it provided for the fair and reasonable terms and conditions of employment. The Commission had to assess whether the agreement was genuinely negotiated and whether it included terms that were fair and reasonable. Additionally, the Commission considered whether the agreement complied with the "better off overall test," ensuring that employees would not be worse off under the new agreement compared to their previous terms of employment.

The Fair Work Commission found that the agreement was genuinely negotiated between the parties and contained terms that were fair and reasonable. The Commission considered the evidence presented by both parties, including the submissions from the Health Services Union of Australia, and determined that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay, leave, and other employment-related matters. Furthermore, the Commission concluded that the agreement satisfied the better off overall test, as employees would not be worse off under the new agreement.

As a result, the Fair Work Commission approved the Ramsay Health Care (SA) & ANMF-SA Nursing Employees Enterprise Agreement 2017. The Commission's decision was based on its determination that the agreement was genuinely negotiated, contained fair and reasonable terms, and met the statutory requirements for approval under the Fair Work Act. The approval of the agreement will now govern the employment conditions for nursing employees at Fullarton Private Hospital and Kahlyn Day Centre, as well as The Adelaide Clinic.

Ramsay Health Care (South Australia) Pty Limited T/A Fullarton Private Hospital and Kahlyn Day Centre; Adelaide Clinic Holdings Pty Ltd T/A The Adelaide Clinic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established