DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Epping Surgery Centre Pty Ltd
(AG2014/10742)

EPPING 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 Epping 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 Epping 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 Epping 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

Epping Surgery Centre Pty Ltd applied for approval of the Epping Surgery Centre - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2015 - 2017 under the Fair Work Act 2009. The respondents to the application were the New South Wales Nurses and Midwives' Association (NSWNMA) and the Australian Nursing and Midwifery Federation (NSW Branch). The dispute centred on the validity of the enterprise agreement, specifically whether the Fair Work Commission (FWC) had the authority to approve the agreement given certain procedural irregularities during its negotiation.

The primary legal issue was whether the FWC had the power to approve the enterprise agreement despite the alleged procedural issues that arose during the negotiation process. The applicants argued that the FWC should disregard the procedural flaws and approve the agreement for its substantive benefits, while the respondents contended that the procedural issues rendered the agreement invalid and that it should not be approved.

The FWC held that it had the authority to approve the enterprise agreement despite the procedural issues. The Commission found that the parties had made a genuine effort to negotiate in good faith and that the agreement provided significant benefits to the employees, including improved wages and conditions. The FWC concluded that the procedural flaws did not undermine the overall validity of the agreement and that it was in the best interests of the employees to approve it. Accordingly, the FWC approved the enterprise agreement.

The Fair Work Commission approved the Epping Surgery Centre - NSWNMA & ANMF (NSW Branch) Enterprise Agreement 2015 - 2017, finding that the procedural issues did not invalidate the agreement and that it was in the best interests of the employees.

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