Adelaide Day Surgery Pty Ltd Summary

[2023] FWCA 1588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Adelaide Day Surgery Pty Ltd

(AG2023/1376)

ADELAIDE DAY SURGERY NURSING EMPLOYEES ENTERPRISE AGREEMENT 2023

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 1 JUNE 2023

Application for approval of the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2023.

An application has been made for approval of an enterprise agreement known as the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Adelaide Day Surgery Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 19 May 2023.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 7 June 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adelaide Day Surgery Pty Ltd was the applicant in a proceeding before the Fair Work Commission, seeking approval of the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2023. The respondents included various unions and the Fair Work Ombudsman. The dispute centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. The key issues were whether the agreement adequately addressed minimum entitlements, included provisions for dispute resolution, and met other statutory requirements.

The legal issues before the Commission involved scrutinising the agreement to determine its compliance with the statutory framework. This included assessing whether the agreement provided for minimum rates of pay and conditions, including any loadings for public holidays, weekend work, and overtime. Additionally, the Commission had to consider whether the agreement contained appropriate dispute resolution mechanisms and if it met the transparency and good faith bargaining requirements.

The Commission found that the agreement largely met the statutory requirements for approval. The agreement provided for minimum rates of pay and conditions, including necessary loadings, and contained adequate provisions for dispute resolution. The Commission was satisfied that the agreement was the product of good faith bargaining and was transparent. Consequently, the Commission approved the agreement, noting that it met the necessary criteria under the Fair Work Act.

The final orders of the Commission were that the Adelaide Day Surgery Nursing Employees Enterprise Agreement 2023 be approved as a registered agreement, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by it, providing them with the terms and conditions stipulated within the approved document.

Adelaide Day Surgery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established