Ramsay Healthcare Australia Pty Ltd T/A Kahlyn Private Hospital and Fullarton Private Hospital and the Adelaide Clinic Holdings Pty Ltd trading as The Adelaide Clinic

[2014] FWCA 1161

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 Kahlyn Private Hospital and Fullarton Private Hospital and the Adelaide Clinic Holdings Pty Ltd trading as The Adelaide Clinic
(AG2014/3551)

RAMSAY HEALTH CARE (SA) & ANMF NURSING EMPLOYEES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 17 FEBRUARY 2014

Application for approval of the Ramsay Health Care (SA) & ANMF Nursing Employees Enterprise Agreement 2014.

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

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and will operate in accordance with s.54.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Ramsay Healthcare Australia and Adelaide Clinic Holdings, sought approval for an enterprise agreement between themselves and the Australian Nursing and Midwifery Federation (ANMF), which governs the employment of nursing staff at their respective private hospitals. The dispute was heard in the Fair Work Commission (FWC), which has the jurisdiction to approve such agreements under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed agreement complied with the statutory requirements and whether it was in the best interests of the nursing employees.

The FWC examined whether the agreement met the procedural requirements, including the proper notification of the agreement to relevant parties and whether the necessary minimum period for employee consideration had elapsed. Furthermore, the FWC assessed the substantive content of the agreement, focusing on whether it provided fair and reasonable terms and conditions for the nursing staff, in line with the objectives of the Fair Work Act. The applicants argued that the agreement was fair and reasonable, providing benefits such as improved wages and conditions. The ANMF contended that certain provisions did not adequately protect the interests of the nursing staff.

The FWC found that the agreement was procedurally sound, having been properly notified and allowing sufficient time for employee consideration. In terms of the substantive content, the FWC determined that the agreement provided fair and reasonable terms, recognising the need for improved remuneration and conditions for the nursing staff. The FWC concluded that the agreement met the statutory requirements and was in the best interests of the employees, granting approval for the Ramsay Health Care (SA) & ANMF Nursing Employees Enterprise Agreement 2014. Consequently, the applicants' application for approval was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established