s.185 - Enterprise agreement

Ramsay Health Care Australia Pty Limited Trading AS Ramsay Health Care

RAMSAY HEALTH CARE NEW SOUTH WALES NURSES AND MIDWIVES ENTERPRISE AGREEMENT 2023-2026

Application for approval of the Ramsay Health Care New South Wales Nurses and Midwives Enterprise Agreement 2023-2026

[1] Ramsay Health Care Australia Pty Limited Trading as Ramsay Health Care (the Employer) has made an application for approval of an enterprise agreement known as the Ramsay Health Care New South Wales Nurses and Midwives Enterprise Agreement 2023-2026 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

Transitional arrangements under the Secure Jobs, Better Pay amendment

[2] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 13 March 2024 and the Agreement was made on 11 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] The Commission wrote to the parties seeking responses to better off overall test (BOOT) concerns in relation to the Agreement.

[4] I have had regard to the submissions of the Employer in considering whether the Agreement passes the BOOT. It is on the basis of the acceptance of the submissions that I consider these BOOT concerns to be satisfied.

[5] The employer has also 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. The undertakings are taken to be a term of the Agreement.

[6] Subject to the undertakings referred to above, and having had regard to the Statement of Principles on Genuine Agreement, 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.

[7] The Australian Nursing and Midwifery Federation (ANMF) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it.

[8] In accordance with s.201(2), I note that the Agreement covers the ANMF.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2025. The nominal expiry date of the Agreement is 30 June 2026.

[10] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects, or irregularities (whether in substance or form). Its evident purpose is to remove complexity associated with varying enterprise agreements in certain limited circumstances.

[11] It is significant in understanding the context of s.218A that the Commission can vary an agreement on application by an employer covered by the agreement (s218A(2)(b)(i)). The power to vary an agreement under s.218A is not unlike the slip rule provisions in s.602. An agreement can be varied under s.218A to the extent necessary to remove the error, defect or irregularity - and no further.

[12] Relevantly, the Commission identified that clause 33.3 (d) of the Agreement makes reference to the span of ordinary hours of work in clause 35.1. Clause 35.1 did not contain a span of ordinary hours of work. The Employer has also identified other cross-referencing issues in the Agreement at clauses 19.6, and 42.3(e). The Employer applied to have the Commission vary the Agreement to correct these errors.

[13] I am satisfied that the errors listed in [12] above are errors, defects or irregularities within the meaning of s.218A(1) of the Act. I am content to vary the Agreement on my own initiative to rectify this error (PR787651). The variation will operate from the date that the Agreement commences.

[14] The Agreement attached to this Decision is the Agreement as varied and will operate from 2 June 2025.

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