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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CaseChat Overview and Summary

The case before the Fair Work Commission involved Stonnington Day Surgery Pty Ltd and its employees, who were represented by the Health Services Union of Australia. The dispute centred on the application for approval of the Stonnington Day Surgery Nurses Enterprise Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties, whether it contained the necessary minimum terms and conditions as prescribed by the Act, and whether it complied with the good faith bargaining provisions. Additionally, the Commission needed to assess if the agreement was in the best interests of the employees and if it provided for a fair and efficient workplace.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained all the required minimum terms and conditions. The Commission was satisfied that the agreement was in the best interests of the employees, considering factors such as the parties' bargaining positions, the economic circumstances, and the employees' needs. The Commission concluded that the agreement provided for a fair and efficient workplace and approved the Stonnington Day Surgery Nurses Enterprise Agreement 2016.

The Fair Work Commission approved the Stonnington Day Surgery Nurses Enterprise Agreement 2016, effective from 1 April 2016, and set out the terms and conditions of employment for the employees covered by the agreement.

Stonnington Day Surgery Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established