Hobart Day Surgery Pty Ltd T/A Hobart Day Surgery

[2024] FWCA 4058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hobart Day Surgery Pty Ltd T/A Hobart Day Surgery

(AG2024/4127)

HOBART DAY SURGERY PTY LTD NURSES ENTERPRISE AGREEMENT 2023

Health and welfare services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 20 NOVEMBER 2024

Application for approval of the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2023 (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 T/A Hobart Day Surgery. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) being the 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. The ANMF and the HSU are supportive of approval and the HSU are of the view that the Agreement passes the better off overall test.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2024. The nominal expiry date of the Agreement is 30 March 2027.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2023. Hobart Day Surgery Pty Ltd, trading as Hobart Day Surgery, sought approval for the agreement which would govern the terms and conditions of employment for nurses within the organisation. The application was necessary to ensure the agreement met the legal requirements set out under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act. Specifically, the Commission needed to determine if the agreement included all the mandated terms and conditions, whether it provided for a fair and reasonable balance of rights and obligations, and if it allowed for genuine employee representation and participation in the agreement's formation. The Commission also had to ensure that the agreement did not adversely affect employees' ability to be protected by applicable awards or other industrial instruments.

In evaluating the application, the Commission considered the structure and content of the proposed agreement, the process by which it was negotiated, and the extent to which it facilitated fair and meaningful employee participation. The Commission found that the agreement included all mandatory terms and conditions, provided a fair and reasonable balance of rights and obligations, and allowed for genuine employee representation. Additionally, the Commission was satisfied that the agreement would not unjustifiably harm the rights of employees under applicable awards or other industrial instruments. Consequently, the Commission approved the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2023.

The Fair Work Commission approved the Hobart Day Surgery Pty Ltd Nurses Enterprise Agreement 2023, effective from the date of the decision. This decision ensures that the agreement will govern the terms and conditions of employment for nurses at Hobart Day Surgery, providing a legally compliant framework for industrial relations within the organisation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established