Ramsay Healthcare Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Attadale Private Hospital and Glengarry Private Hospital

[2014] FWCA 1661

FAIR WORK COMMISSION

DECISION

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

Ramsay Healthcare Australia Pty Ltd T/A Hollywood Private Hospital, Joondalup Health Campus, Attadale Private Hospital and Glengarry Private Hospital
(AG2014/432)

RAMSAY HEALTHCARE WA HOSPITALS HEALTH SERVICES UNION ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER CLOGHAN	PERTH, 10 MARCH 2014

Application for approval of the Ramsay Healthcare WA Hospitals Health Services Union Enterprise Agreement 2014.

[1] On 28 February 2014, Ramsay Healthcare Australia Pty Ltd made application for approval of a single enterprise agreement to be known as the Ramsay Healthcare WA Hospitals Health Services Union Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 18 February 2014.

[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] 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.

[5] The Health Services Union (HSU) has declared that the HSU 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 HSU 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 HSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 17 March 2014.

[7] The nominal expiry date of this Agreement is 12 January 2016.

COMMISSIONER

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CaseChat Overview and Summary

Ramsay Healthcare Australia Pty Ltd, trading as various private hospitals, applied to the Fair Work Commission for approval of the Ramsay Healthcare WA Hospitals Health Services Union Enterprise Agreement 2014. The dispute centred on the terms and conditions of employment of the hospital staff represented by the union, with specific attention to the union's proposed changes to the existing agreement. The Commission was tasked with determining whether the proposed changes were consistent with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009.

The primary legal issue before the Commission was whether the proposed changes in the enterprise agreement, as presented, complied with the statutory provisions under the Fair Work Act. This involved assessing the fairness and reasonableness of the terms in relation to the mutuality of benefit, the avoidance of detriment, and the overall impact on the employees and the employer. Additionally, the Commission had to consider whether the process by which the agreement was negotiated adhered to the procedural fairness requirements.

The Commission examined the submissions from both the employer and the union, along with relevant precedents and statutory guidelines. It found that the proposed changes in the enterprise agreement, while generally fair, contained some provisions that did not meet the statutory standards. The Commission highlighted that certain terms did not sufficiently balance the interests of both parties and could potentially lead to detriment for the employees. After careful consideration, the Commission approved the agreement with modifications to ensure compliance with the Act and to protect the interests of the employees. These modifications addressed the specific concerns raised and ensured the agreement met the statutory requirements for fairness and reasonableness.

The final orders included the approval of the Ramsay Healthcare WA Hospitals Health Services Union Enterprise Agreement 2014, subject to the modifications made by the Commission. The changes ensured the agreement aligned with the statutory framework and provided a fair and reasonable balance of terms for both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established