Dandenong Gastroenterology Pty Ltd T/A The Digestive Health Centre

Case [2025] FWCA 77
[2025] FWCA 77

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dandenong Gastroenterology Pty Ltd T/A The Digestive Health Centre

(AG2024/5013)

DANDENONG GASTROENTEROLOGY PTY LTD NURSES ENTERPRISE AGREEMENT 2024

Health and welfare services

COMMISSIONER YILMAZ

MELBOURNE, 9 JANUARY 2025

Application for approval of the Dandenong Gastroenterology Pty Ltd Nurses Enterprise Agreement 2024

  1. An application has been made for approval of an enterprise agreement known as the Dandenong Gastroenterology Pty Ltd Nurses Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dandenong Gastroenterology Pty Ltd T/A The Digestive Health Centre. The Agreement is a single enterprise agreement.

  1. I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. The Agreement is approved and in accordance with s.54, will operate from 16 January 2025. The nominal expiry date of the Agreement is 1 December 2027.

COMMISSIONER

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Details
AGLC
Dandenong Gastroenterology Pty Ltd T/A The Digestive Health Centre [2025] FWCA 77
Case
[2025] FWCA 77
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Dandenong Gastroenterology Pty Ltd Nurses Enterprise Agreement 2024. The dispute centred around the terms and conditions of employment for registered nurses working at the Digestive Health Centre, operated by Dandenong Gastroenterology Pty Ltd. The application was brought forth to ensure that the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the commission had to address were whether the agreement met the formal requirements for approval under the Fair Work Act, and whether it complied with the provisions regarding the protection of employees' rights and entitlements. The commission had to scrutinise the agreement to confirm it did not undermine the minimum rights and entitlements of the employees and did not contain terms that were contrary to public policy or contrary to the spirit of the Act.

After reviewing the application, the commission found that the Dandenong Gastroenterology Pty Ltd Nurses Enterprise Agreement 2024 complied with all the necessary requirements and did not contain any terms that were contrary to public policy or undermined employees' rights. The commission noted that the agreement included provisions that were no less favourable than the applicable minimum standards and contained no provisions that were contrary to the spirit of the Act. Consequently, the commission approved the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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