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[7]
austlii:cth/FWCA/2025/4097
General information, not legal advice.
FWCA
2025-12-04
Original judgment source is linked above.
s.185 - Enterprise agreement
RAMSAY HEALTH CARE WESTERN AUSTRALIA HSU, HEALTH PROFESSIONALS, ADMINISTRATIVE, CLERICAL AND TECHNICAL EMPLOYEES ENTERPRISE AGREEMENT 2025
Application for approval of the Ramsay Health Care Western Australia, HSU, Health Professionals, Administrative, Clerical and Technical Employees Enterprise Agreement 2025
[1] Ramsay Health Care Australia Pty Limited (the Applicant) has made an application for the approval of an enterprise agreement known as the Ramsay Health Care Western Australia, HSU, Health Professionals, Administrative, Clerical and Technical Employees Enterprise Agreement 2025 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.
[2] On the basis of the material contained in the application and accompanying declarations, 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] I note that the following clause in the Agreement appears to be inconsistent with the National Employment Standards (the NES):
(a) Clause 3.11.8 of the Agreement states that if an Employee fails to give the required notice the Employer can deduct from their final pay an amount equivalent to their wages for the period of notice not given. The source from which monies may be deducted has not been specified and may result in deductions being made from accrued NES entitlements inconsistent with Part 2-2 Division 2 of the Act.
[4] However, I am satisfied that under clause 1.4.3. of the Agreement, the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.
[5] The Health Services Union (the organisation), 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), and based on the declaration provided by the organisation, I note that the organisation is covered by the Agreement.
[6] The Agreement was approved on 4 December 2025 and, in accordance with s 54, will operate from 11 December 2025. The nominal expiry date of the Agreement is 30 December 2027.
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