ADELAIDE DAY SURGERY NURSING EMPLOYEES ENTERPRISE AGREEMENT 2019

[2020] FWCA 462

[2020] FWCA 462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Day Surgery Pty Ltd
(AG2019/5058)

ADELAIDE DAY SURGERY NURSING EMPLOYEES ENTERPRISE AGREEMENT 2019

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 30 JANUARY 2020

Application for approval of the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adelaide Day Surgery Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 January 2020.

[3] On 24 January 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 28 January 2020. The undertaking deals with the following topics:

•  Nurses who are eligible to accrue paid annual leave, and who are regularly rostered over seven days of the week and who regularly work on weekends, will be entitled to accrue one additional week of annual leave each year in accordance with the National Employment Standards (NES).

•  A Nurse will, prior to the commencement of their shift (if possible), or otherwise as soon as practicable, inform their manager of his/her inability to attend work and, as far as possible, state the nature of the illness or incapacity and the estimated duration of the absence.

•  Only provisions of the Nurses Award 2010 which have been expressly reproduced in the Agreement are incorporated into the Agreement.

•  If a Nurse works a night shift (as defined by the Nurses Award 2010), the Applicant will pay the shift penalty payable in the Nurses Award 2010.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative supported the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 29 January 2023.

COMMISSIONER

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