DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart Day Surgery Pty Ltd
(AG2020/3263)

HOBART DAY SURGERY PTY LTD NURSES ENTERPRISE AGREEMENT 2020

Health and welfare services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 4 DECEMBER 2020

Application for approval of the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2020.

[1] An application has been made for the approval of an enterprise agreement known as the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Hobart Day Surgery Pty Ltd. The Agreement is a single enterprise agreement.

[2] Hobart Day Surgery Pty Ltd has provided a written undertaking. A copy of the undertaking is attached in Annexure A. This undertaking was not the subject of objection from either the Health Services Union, Tasmania Branch (HACSU) or the Australian Nursing and Midwifery Federation (Tas Branch) (the ANMF). I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement.

[3] Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, together with the correspondence from HACSU dated 25 November 2020 and Hobart Day Surgery Pty Ltd dated 30 November 2020, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] HACSU and the ANMF, 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) and based on the statutory declarations provided by them, I note that the Agreement covers both HACSU and the ANMF.

[5] The Agreement is approved and, in accordance with s.54(1)(b), will operate from 11 December 2020. The nominal expiry date of the Agreement is 30 March 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2020, which was brought before the Fair Work Commission. The dispute arose from the negotiation of a new enterprise agreement between the hospital and the nurses' union, with various issues concerning wages, working conditions, and other employment terms. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements outlined in the Act. Specifically, the Commission had to assess if the agreement was genuinely negotiated, if it included appropriate dispute resolution mechanisms, and if it complied with the procedural fairness requirements. Additionally, the Commission needed to ensure that the agreement did not disadvantage any party in a manner that was not in the public interest.

In rendering its decision, the Commission found that the agreement was genuinely negotiated and contained reasonable terms and conditions for the employees. The Commission noted that the agreement included adequate provisions for dispute resolution and met the procedural requirements stipulated in the Act. The Commission also concluded that the agreement did not disadvantage any party in a manner that was not in the public interest. Therefore, the Commission approved the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2020, allowing it to come into effect as per the stipulated date.

Hobart Day Surgery Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established