Stonnington Day Surgery Pty Ltd

[2017] FWCA 803

[2017] FWCA 803

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stonnington Day Surgery Pty Ltd
(AG2016/7633)

STONNINGTON DAY SURGERY NURSES ENTERPRISE AGREEMENT 2016

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 7 FEBRUARY 2017

Application for approval of the Stonnington Day Surgery Nurses Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Stonnington Day Surgery Nurses Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stonnington Day Surgery Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 7 February 2017 and, in accordance with s.54, will operate from 14 February 2017. The nominal expiry date of the Agreement is 1 January 2021.

COMMISSIONER

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