DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epping Surgery Centre Pty Ltd
(AG2018/1572)

EPPING 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 Epping 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 Epping Surgery Centre Pty Ltd - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2018-2020 (“the Agreement”). The application was made by Epping Surgery Centre Pty Ltd T/A Epping Surgery Centre (“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

Epping Surgery Centre Pty Ltd sought approval for their enterprise agreement from the Fair Work Commission. The application was contested by the NSW Nurses and Midwives Association and the Australian Nursing and Midwifery Federation (NSW Branch). The central issue before the Commission was whether the agreement, which proposed certain pay rates and conditions for nursing staff, was in compliance with the Fair Work Act 2009 and met the criteria for approval under the relevant provisions. Specifically, the Commission needed to assess whether the agreement was made in good faith, free from coercion and undue influence, and if it provided for fair and reasonable terms and conditions.

The Commission began by examining the procedural fairness of the bargaining process, determining that the agreement was negotiated in good faith. It found that the bargaining process was transparent and that both parties had genuinely attempted to reach a resolution. The Commission also evaluated the substantive fairness of the terms and conditions proposed, considering the context of the industry and the economic environment. After reviewing the evidence presented, the Commission concluded that the agreement provided for fair and reasonable terms and conditions for the nursing staff, taking into account the specific circumstances of the workplace and the needs of the employees.

Having found that the agreement met the legal requirements for approval, the Fair Work Commission granted approval for the Epping Surgery Centre Pty Ltd - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2018-2020. The Commission emphasized that the agreement would provide a stable and predictable work environment for the nursing staff, while also ensuring that the organisation could operate effectively within its financial constraints. This decision was made in the interest of maintaining good industrial relations and ensuring fair treatment of employees within the healthcare sector.

Epping Surgery Centre Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established