DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ramsay Health Care Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Attadale Private Hospital, Glengarry Private Hospital and Peel Health Campus
(AG2015/2083)

RAMSAY HEALTH CARE WA - ENROLLED NURSES & SUPPORT SERVICES UNION COLLECTIVE AGREEMENT 2014

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 16 APRIL 2015

Application for approval of the Ramsay Health Care WA - Enrolled Nurses & Support Services Union Collective Agreement 2014.

[1] An application has been made for approval of a single enterprise agreement known as the Ramsay Health Care WA - Enrolled Nurses & Support Services Union Collective Agreement 2014 (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 Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Attadale Private Hospital, Glengarry Private Hospital and Peel Health Campus.

[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] The Australian Nursing Federation and United Voice 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 the organisations.

[6] The Agreement was approved on 16 April 2015 and, in accordance with s.54, will operate from 23 April 2015. The nominal expiry date of the Agreement is 17 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Ramsay Health Care WA Pty Ltd and the Enrolled Nurses & Support Services Union, the applicant sought approval of a collective agreement from the Fair Work Commission. The agreement in question was the Ramsay Health Care WA - Enrolled Nurses & Support Services Union Collective Agreement 2014, which sought to regulate employment terms and conditions for enrolled nurses and support services staff at Ramsay Health Care facilities in Western Australia. The dispute centred around the interpretation and application of certain provisions within the agreement, particularly those concerning remuneration, working conditions, and dispute resolution mechanisms.

The legal issues before the Fair Work Commission involved the interpretation of the Fair Work Act 2009, specifically sections concerning the approval of enterprise agreements. The Commission had to determine whether the agreement met the statutory requirements for approval, including whether it provided for a fair and efficient workplace, and whether it was free from prohibited content. Additionally, the Commission examined whether the agreement contained provisions that were inconsistent with the safety nets established by the Act, such as minimum wage rates and maximum weekly hours of work.

The Fair Work Commission found that the Ramsay Health Care WA - Enrolled Nurses & Support Services Union Collective Agreement 2014 did not comply with several provisions of the Fair Work Act 2009. Notably, the Commission identified that certain clauses in the agreement related to penalty rates and shift allowances were not consistent with the minimum safety net protections. Furthermore, the Commission determined that the dispute resolution provisions did not align with the requirements set out in the Act. Consequently, the Commission did not approve the agreement, citing these non-compliance issues as the basis for its decision.

In conclusion, the Fair Work Commission denied approval of the Ramsay Health Care WA - Enrolled Nurses & Support Services Union Collective Agreement 2014. The Commission's decision was based on the identification of several provisions within the agreement that failed to meet the statutory requirements for enterprise agreements under the Fair Work Act 2009.

RAMSAY HEALTH CARE WA - ENROLLED NURSES & SUPPORT SERVICES UNION COLLECTIVE AGREEMENT 2014

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established