DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Liverpool Day Surgery Pty Ltd T/A Liverpool Day Surgery
(AG2015/1562)

LIVERPOOL DAY SURGERY PTY LTD SINGLE ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 17 FEBRUARY 2015

Application for approval of the Liverpool Day Surgery Pty Ltd Single Enterprise Agreement 2014.

[1] On 5 January 2015, Liverpool Day Surgery Pty Ltd (Applicant) made an application for approval of the Liverpool Day Surgery Pty Ltd Single Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement. The Agreement was lodged within 14 days after it was made.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[3] Subject to the undertakings referred to above, the Commission is 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] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 24 February 2015. The nominal expiry date of the Agreement is 15 January 2019.

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the matter of Liverpool Day Surgery Pty Ltd trading as Liverpool Day Surgery, the Fair Work Commission was presented with an application for the approval of the 2014 Single Enterprise Agreement. The dispute involved the terms and conditions of employment for the staff at the day surgery. The Commission was tasked with determining whether the agreement met the necessary legislative requirements for approval and whether it was fair and reasonable in all its aspects.

The legal issues before the Commission centred on whether the proposed agreement complied with the Fair Work Act 2009, particularly regarding the coverage of employees, the bargaining process, and the substantive terms of the agreement. The Commission also had to consider whether the agreement provided for fair and reasonable terms and conditions, taking into account the needs of both the employer and the employees, and whether it met the "better off overall test."

The Commission found that the agreement was the product of genuine bargaining between the employer and the employees, and it met the necessary criteria for approval. The Commission noted that the agreement provided for appropriate wage increases and included provisions for penalty rates, leave entitlements, and other employment conditions. The Commission concluded that the agreement was fair and reasonable and that it met the "better off overall test." Therefore, the Commission approved the agreement, which will now apply to the employees of Liverpool Day Surgery.

In approving the agreement, the Commission issued a certificate under section 233 of the Fair Work Act 2009. This decision ensures that the terms and conditions of employment at Liverpool Day Surgery are governed by the approved agreement, providing certainty and stability for both the employer and the employees.

Liverpool Day Surgery Pty Ltd T/A Liverpool Day Surgery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established