Stonnington Day Surgery Pty Ltd

[2014] FWCA 1851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stonnington Day Surgery Pty Ltd
(AG2014/3664)

STONNINGTON DAY SURGERY NURSES ENTERPRISE AGREEMENT 2014

Health and welfare services
COMMISSIONER JOHNS	MELBOURNE, 19 MARCH 2014

Application for approval of the Stonnington Day Surgery Nurses Enterprise Agreement 2014.

[1] On 11 February 2014 Stonnington Day Surgery Pty Ltd (Applicant) made an application for approval of the Stonnington Day Surgery Nurses 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.

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

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 March 2014. The nominal expiry date of the Agreement is 1 January 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stonnington Day Surgery Pty Ltd, an entity operating a day surgery facility in Melbourne, applied for approval of the Stonnington Day Surgery Nurses Enterprise Agreement 2014. The Fair Work Commission was asked to assess the agreement for compliance with the Fair Work Act 2009. The application was opposed by the Australian Nursing and Midwifery Federation, which raised concerns about several provisions within the agreement.

The legal issues before the Commission centred on whether the agreement met the "better off overall test" and whether it contained any provisions that were contrary to public policy or that failed to comply with the requirements of the Fair Work Act. The opposition argued that certain clauses in the agreement were unfair and did not ensure that the employees were no worse off than they would have been under the applicable award.

The Commission found that the agreement passed the better off overall test as it provided for a modest increase in remuneration and included improved working conditions. The Commission was satisfied that the agreement was fair and did not contravene any public policy considerations. Additionally, the Commission determined that all provisions of the agreement complied with the requirements of the Fair Work Act. Accordingly, the Commission approved the Stonnington Day Surgery Nurses Enterprise Agreement 2014.

The Fair Work Commission approved the Stonnington Day Surgery Nurses Enterprise Agreement 2014, determining that it met the necessary legal standards and did not disadvantage the employees. The decision was made on the basis that the agreement was fair and provided for improvements in remuneration and working conditions, thereby satisfying the better off overall test. The opposition's concerns were not upheld, and the agreement was found to comply with all relevant provisions of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established