Hobart Day Surgery Pty Ltd

[2018] FWCA 7608

[2018] FWCA 7608

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Hobart Day Surgery Pty Ltd

(AG2018/4900)

Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2017

Health and welfare services
Commissioner Bissett	DARWIN, 14 DECEMBER 2018

Application for approval of the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2017.

1. An application has been made for approval of an enterprise agreement known as the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2017 (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.

1. The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

1. Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

1. Subject to the Undertakings, 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.

1. The Health Services Union (HSU) and Australian Nursing and Midwifery Federation (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) I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2018. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

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Annexure A