Sunshine Coast Day Surgery Pty Ltd

[2017] FWCA 1039

[2017] FWCA 1039

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunshine Coast Day Surgery Pty Ltd
(AG2016/7220)

SUNSHINE COAST DAY SURGERY AND QNU - NURSES - ENTERPRISE AGREEMENT 2015 - 2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 27 FEBRUARY 2017

Application for approval of the Sunshine Coast Day Surgery and QNU - Nurses - Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Sunshine Coast Day Surgery and QNU - Nurses - Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sunshine Coast Day Surgery Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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, I am 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 Australian Nursing and Midwifery Federation and Queensland Nurses’ Union of Employees 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) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 March 2017. The nominal expiry date of the Agreement is 30 July 2018.

COMMISSIONER

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Appendix A

IN THE FAIR WORK COMMISSION

FWC Matter No.: AG2016/7220

Applicant: Sunshine Coast Day Surgery Pty Ltd

Section 185 – Application for approval of a single enterprise agreement

Undertaking- Section 190

I, Cathy Roberts, Director of Nursing for Sunshine Coast Day Surgery Pty Ltd gives the following undertakings with respect to the Sunshine Coast Day Surgery and QNU- Nurses-Enterprise Agreement 2015-2018 ("the Agreement"):

1. I have the authority given to me by the Sunshine Coast Day Surgery Pty Ltd to provide this undertaking in relation to the application before the Fair Work Commission.

2. Under clause 7.1.1 of the proposed Agreement, an employee (other than a casual) who is not a shift worker is recognised as being entitled to five weeks of paid annual leave for each year of service with the employer in lieu of the expression “190 hours”.. (Note shift work is not permitted under the terms of the proposed Agreement).

3. Under clause 7.3.1 of the proposed Agreement, an employee (other than a casual) is recognised as being entitled to 10 days of paid personal/carer’s leave for each year of service with the Employer in lieu of the expression “76 hours”.

4. These undertakings are provided on the basis of issues raised by the Fair Work Commission in the application before the Fair Work Commission.

Signature

Date: 16 February 2017