DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide Day Surgery Pty Ltd
(AG2015/7134)

ADELAIDE DAY SURGERY NURSING EMPLOYEES ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 17 FEBRUARY 2016

Application for approval of the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Adelaide Day Surgery Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has 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.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 February 2016. The nominal expiry date of the Agreement is 24 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Adelaide Day Surgery Pty Ltd recently sought approval from the Fair Work Commission for the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2015-2018. The dispute arose between the employer and the employees represented by the Registered Organisations of Nursing and Allied Health Professionals (RONAH). The application was heard by the Commission, presided over by Commissioner Barnes.

The central legal issues before the Commission involved whether the agreement met the requirements of the Fair Work Act 2009, specifically if it complied with the procedural and substantive requirements for enterprise agreements. The Commission needed to determine if the agreement was made in good faith and whether it contained minimum terms and conditions as stipulated by the Act. The parties also contested the fairness and validity of certain clauses within the agreement, particularly those relating to wages and other employment conditions.

The Commission meticulously examined the evidence and submissions presented by both parties. It was determined that the agreement was made in good faith and adhered to the necessary procedural requirements. The Commission found that the agreement satisfied the minimum terms and conditions outlined in the Act, and the provisions regarding wages and conditions were fair and reasonable. The Commission approved the agreement, acknowledging the balancing act between the rights of employees and the operational needs of the employer.

The final orders included the approval of the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2015-2018, with the agreement to be registered by the Fair Work Commission. The decision underscored the importance of ensuring that enterprise agreements are both fair and in line with legislative requirements.

Adelaide Day Surgery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established