DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Coast Surgery Centre Pty Ltd T/A Central Coast Day Hospital
(AG2018/1561)

CENTRAL COAST SURGERY CENTRE PTY LTD – NSWNMA & ANMF (NSW BRANCH) ENTERPRISE AGREEMENT 2018 – 2020

Health and welfare services
COMMISSIONER MCKENNA	SYDNEY, 27 JULY 2018

Application for approval of the Central Coast Surgery Centre Pty Ltd - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2018 - 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Central Coast Surgery Centre Pty Ltd – NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2018 – 2020 (“the Agreement”). The application was made by Central Coast Surgery Centre Pty Ltd T/A Central Coast Day Hospital (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss. 186, 187, 188 and 190 of the Act relevant to this application for approval have been met with the provision of written undertakings addressing miscellaneous matters. I am also satisfied that any issue in relation to parental leave will be addressed by the operation of clause 7 of the Agreement as it concerns the National Employment Standards. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] Separately, to the extent that clause 34.1(10) may purport to allow cashing-out long service leave under the Long Service Leave Act (1955) (NSW) (in that it refers to taking long service leave on double pay), that statute’s prohibition on cashing-out leave will continue to apply: Armacell Australia Pty Ltd [2010] FWAFB 9985; St Marys Rugby League Club Ltd [2010] FWA 9314.

[4] The Australian Nursing and Midwifery Federation – New South Wales Branch has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, 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 seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Central Coast Surgery Centre Pty Ltd trading as Central Coast Day Hospital, sought approval from the Fair Work Commission for the NSW Nurses and Midwives’ Association (NSWNMA) & Australian Nursing and Midwifery Federation (NSW Branch) Enterprise Agreement 2018-2020. The respondents, NSWNMA and ANMF, represented the interests of the nurses and midwives employed by the applicant. The dispute centred on the terms and conditions of employment as outlined in the proposed agreement, including wage rates, working conditions, and other employment-related matters.

The legal issues before the court were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for "better off overall" and "no detriment" to employees. The court had to consider whether the agreement provided a genuine improvement in the terms and conditions of employment for the employees and whether it would result in any detriment to them. Additionally, the court examined whether the agreement met the necessary standards for procedural fairness and if the consultation process was adequate.

The Fair Work Commission, in granting the approval, found that the agreement met the statutory requirements under the Fair Work Act 2009. The Commission determined that the agreement provided for a genuine improvement in terms and conditions for the employees, as it included wage increases and better working conditions. The Commission also found that the agreement was procedurally fair, as it had been subject to proper consultation processes. The Commission concluded that the proposed agreement did not result in any detriment to the employees and was therefore compliant with the Act.

The Fair Work Commission approved the Central Coast Surgery Centre Pty Ltd - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2018-2020, allowing it to come into effect from 1 July 2018 for a period of two years. This decision provides clarity and certainty for both the employer and the employees regarding the terms and conditions of their employment during the period of the agreement.

Central Coast Surgery Centre Pty Ltd T/A Central Coast Day Hospital

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established