Hobart Day Surgery Pty Ltd Summary

[2014] FWCA 7788

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hobart Day Surgery Pty Ltd
(AG2014/7899)

HOBART DAY SURGERY PTY LTD NURSES ENTERPRISE AGREEMENT 2014

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 OCTOBER 2014

Application for approval of the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Hobart Day Surgery Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act, as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation and the Health Services Union, 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.

[4] The Agreement was approved on 31 October 2014 and, in accordance with s.54, will operate from 7 November 2014. The nominal expiry date of the Agreement is 30 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hobart Day Surgery Pty Ltd applied to the Fair Work Commission for approval of the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2014. The applicant argued that the agreement was appropriate for the workforce and met the requirements of the Fair Work Act 2009. The Australian Nursing and Midwifery Federation opposed the application, contending that the agreement did not adequately address certain issues, such as the classification of employees and the inclusion of provisions relating to termination of employment.

The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement was a genuine enterprise agreement, whether it complied with the relevant provisions of the Act, and whether it was appropriate for the workforce. The Commission also had to consider the submissions of the parties and any other relevant matters.

After considering the submissions of the parties and the evidence presented, the Fair Work Commission found that the agreement was a genuine enterprise agreement that met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement addressed a range of issues relevant to the workforce and was appropriate for the particular circumstances of the applicant. The Commission also found that the agreement complied with the relevant provisions of the Act, including the requirements relating to the classification of employees and the inclusion of provisions relating to termination of employment.

Accordingly, the Fair Work Commission approved the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2014. The Commission made an order that the agreement be approved as a registered agreement under the Fair Work Act 2009, and that it be registered by the Registrar of the Fair Work Commission. The Commission also ordered that the agreement be published on the Fair Work Commission's website and that the applicant provide a copy of the agreement to the Australian Nursing and Midwifery Federation.

Hobart Day Surgery Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established