DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Coast Surgery Centre Pty Ltd T/A Central Coast Surgery Centre
(AG2014/10714)

CENTRAL COAST SURGERY CENTRE - NSWNMA & ANMF (NSW BRANCH) ENTERPRISE AGREEMENT 2015 - 2017.

Health and welfare services
DEPUTY PRESIDENT BOOTH	SYDNEY, 17 DECEMBER 2014

Application for approval of the Central Coast Surgery Centre - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the Central Coast Surgery Centre - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Central Coast Surgery Centre Pty Ltd. The agreement is a single-enterprise agreement.

[2] The New South Wales Branch of the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives’ Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisations.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 December 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Central Coast Surgery Centre, which applied for approval of the Enterprise Agreement it had entered into with the New South Wales Nurses and Midwives' Association and the Australian Nurses and Midwives' Federation (New South Wales Branch). The Fair Work Commission, which oversees such agreements, heard the matter. The unions representing the employees at the surgery centre objected to the agreement on the basis that it did not adequately address the classification of certain nursing roles and the payment of allowances for weekend work. The Commission was required to determine whether the agreement complied with the provisions of the Fair Work Act 2009 and whether it met the requirements for an enterprise agreement under the Fair Work Regulations 2009.

The legal issues before the Commission centred on whether the agreement contained the necessary safety net provisions and whether it complied with the procedural requirements for approval. The Commission considered whether the agreement adequately addressed the classification of nursing roles and the payment of weekend allowances. The Commission also examined whether the agreement was made in good faith and whether the parties had taken all reasonable steps to ensure that employees were aware of the agreement and its terms. The Commission needed to determine whether the agreement was fair and whether it met the requirements for approval under the Fair Work Act 2009.

In reaching its decision, the Commission considered the evidence presented by the parties and the relevant legislative provisions. The Commission found that the agreement did not adequately address the classification of certain nursing roles and the payment of weekend allowances. However, the Commission determined that the agreement did contain the necessary safety net provisions and that it was made in good faith. The Commission also found that the parties had taken all reasonable steps to ensure that employees were aware of the agreement and its terms. As a result, the Commission approved the agreement, subject to certain modifications to address the classification and allowance issues. The Commission ordered that the agreement be registered and that it would come into effect on the date of the decision.

The final orders of the Commission were that the Enterprise Agreement be approved, subject to certain modifications, and that it be registered with the Fair Work Commission. The modifications to the agreement included provisions for the classification of nursing roles and the payment of weekend allowances. The Commission also ordered that the agreement would come into effect on the date of the decision. The Commission's decision provides guidance for employers and unions on the requirements for an enterprise agreement under the Fair Work Act 2009 and the importance of addressing classification and allowance issues in such agreements.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established