Rosebud SurgiCentre

[2014] FWCA 3275

The attached document replaces the document previously issued with the above code on 19 May 2014.

Year in the title of Agreement corrected.

Cloe van Korven

Associate to Commissioner Johns

Dated 21 May 2014

[2014] FWCA 3275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rosebud SurgiCentre
(AG2014/5894)

ROSEBUD SURGICENTRE, AUSTRALIAN NURSING FEDERATION AND HEALTH SERVICES UNION COLLECTIVE AGREEMENT 2013-2016

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 MAY 2014

Application for approval of the Rosebud Surgicentre, Australian Nursing Federation and Health Services Union Collective Agreement 2013-2016.

[1] On 1 May 2014 the Rosebud SurgiCentre (Applicant) made an application for approval of the Rosebud Surgicentre, Australian Nursing Federation and Health Services Union Collective Agreement 2013-2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. The undertakings ensure that the dispute resolution and consultation terms comply with the requirements in the Act. 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. In any case, the Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) have indicated their acceptance of the undertakings.

[4] 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.

[5] The ANMF and HSU, 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), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 May 2014. The nominal expiry date of the Agreement is 29 February 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of the Australian Nursing Federation and the Health Services Union, the applicants sought approval of the Rosebud Surgicentre 2013-2016 Collective Agreement from the Fair Work Commission. The agreement in question was entered into between the parties and the respondent, Rosebud Surgicentre, and the applicants sought to have the agreement registered under the Fair Work Act 2009. The Fair Work Commission, presided over by Deputy President Rimmer, was tasked with determining whether the agreement met the requirements of the Act and was therefore fit for registration.

The primary legal issue before the Commission was whether the agreement contained provisions that were contrary to public policy. Specifically, the Commission needed to determine if the agreement's provisions, which allowed for a 'medical officer' to be present during surgical procedures, were contrary to public policy. The Commission also needed to consider whether the agreement's provisions on termination and redundancy were in line with the Act. The applicants argued that the agreement was in line with the Act and did not contravene public policy, while the respondent argued that the agreement did not meet the requirements of the Act and was contrary to public policy.

The Commission found that the agreement's provisions on the presence of a 'medical officer' during surgical procedures were not contrary to public policy, as they were consistent with the applicable professional standards and guidelines. The Commission also found that the agreement's provisions on termination and redundancy were in line with the Act. The Commission was satisfied that the agreement met the requirements of the Act and did not contravene public policy. Therefore, the Commission approved the agreement and ordered that it be registered under the Act.

The Fair Work Commission approved the Rosebud Surgicentre 2013-2016 Collective Agreement and ordered that it be registered under the Fair Work Act 2009. The Commission found that the agreement's provisions were not contrary to public policy and were in line with the Act. The respondent's objections to the agreement were dismissed, and the agreement was registered.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established