DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ballarat Day Procedure Centre Pty Ltd T/A Ballarat Day Procedure Centre
(AG2017/2737)

BALLARAT DAY PROCEDURE ENTERPRISE AGREEMENT 2017-2020

Health and welfare services
COMMISSIONER CIRKOVIC	MELBOURNE, 26 SEPTEMBER 2017

Application for approval of the Ballarat Day Procedure Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Ballarat Day Procedure Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ballarat Day Procedure Centre Pty Ltd T/A Ballarat Day Procedure Centre. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 26 September 2017 and, in accordance with s.54, will operate from 3 October 2017. The nominal expiry date of the Agreement is 26 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Ballarat Day Procedure Centre Pty Ltd, trading as Ballarat Day Procedure Centre, sought approval of the Ballarat Day Procedure Enterprise Agreement 2017-2020. The dispute arose from negotiations between the employer and the Australian Nursing and Midwifery Federation, which represents the employees. The Commission had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central issue before the Commission was whether the agreement was procedurally and substantively fair. Procedural fairness required the Commission to assess whether the bargaining process was conducted in good faith and whether the agreement was genuinely negotiated. Substantive fairness involved examining whether the agreement was reasonable in terms of the parties' respective positions and the broader economic context. The Commission also needed to consider whether the agreement complied with the "better off overall test" and whether it provided for minimum entitlements as set out in the relevant award.

The Commission found that the agreement was procedurally fair as it was genuinely negotiated and the process was conducted in good faith. On substantive fairness, the Commission noted that the agreement provided for wage increases, better conditions, and other benefits that were reasonable in the circumstances. The Commission determined that the agreement met the better off overall test and complied with the relevant award. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

The Fair Work Commission approved the Ballarat Day Procedure Enterprise Agreement 2017-2020, determining that it met the criteria for procedural and substantive fairness. The agreement was found to be genuinely negotiated in good faith, and it provided for wage increases, improved conditions, and other benefits that were reasonable given the parties' respective positions and the broader economic context. The Commission also confirmed that the agreement satisfied the better off overall test and complied with the relevant award.

Ballarat Day Procedure Centre Pty Ltd T/A Ballarat Day Procedure Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established