Private Pathology: Pending Fair Work Australia case

Posted June 4, 2012 by Alex Scott

Some of you would be aware that there is a case with Fair Work Australia between the Australian Workers Union and Ramsay Healthcare.

The case is around the entitlement for an employee to get 5 weeks annual leave if they meet the requirements of a shift worker.

The following is the definition which Ramsay Healthcare does not agree with:

"A worker regularly rostered to work more than 4 hours on 10 or more weekends (Saturdays and/or Sundays) in a calendar year is entitled to 5 weeks annual leave under the operation of both the National Employment Standards (NES) and modern award."

This means that an employee would be entitled to the extra week's leave if they were rostered to work more than 4 hours on either ten Saturdays, ten Sundays or both.

To date, the case has taken five months and a decision is yet to be made as both parties are required to provide further information. Your union has concerns in relation to further delays with this hearing and what impact it may have on you financially.

What does this case mean to you?

It should mean nothing for most Allied Health, Administration and Clerical employees; however we are currently seeing employers taking a 'wait-and-see' approach to determine the impact on their business financially if the case is resolved in favour of employees being entitled to the extra leave.

This has meant delays in the current Blue Care negotiations, and could impact on agreements negotiated and agreed to last year, being Ramsay Greenslopes and UCH agreements, along with agreements to be negotiated later this year.

It would seem that employers are of the view that if they have to pay an extra 5 weeks leave to a significant number of employees who haven't had the entitlement previously, it will impact on them financially meaning they will have to find savings.  Our experience shows that employer savings normally come through smaller percentage wage increases in bargaining or taking other entitlements from employees.

Let us know if you are concerned about the possible impact by emailing

If you are concerned about this, talk to your colleagues and ask them if they are concerned; if they are ask them to join your union as the only way to maintain and improve your working conditions is through having a strong union.

Join your union today (

We'll keep you informed throughout the process.


Authorised Alex Scott, Secretary, Together.
© 2018 Together | Privacy