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

Printed by authority of the Commonwealth Government Printer

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

Sunshine Coast Day Surgery Pty Ltd applied for approval of the Sunshine Coast Day Surgery and QNU - Nurses - Enterprise Agreement 2015-2018. The Queensland Nurses' Union (QNU) submitted that the enterprise agreement was fair, and the Australian Medical Association opposed it. The dispute was heard in the Fair Work Commission. The central legal issues for the Commission to determine were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was fair and reasonable in the circumstances.

The Commission considered the various provisions of the agreement and the submissions from both parties. It noted that the agreement had been negotiated in good faith and that there were no procedural defects. The Commission also considered whether the agreement was procedurally fair, finding that it was, as it had been negotiated with the appropriate representatives and followed the correct procedures. Regarding the substantive fairness of the agreement, the Commission found that the agreement was fair and reasonable, taking into account the need for a balance between the interests of the employer and employees. The Commission approved the enterprise agreement, finding it to be fair and reasonable.

The Commission made an order approving the Sunshine Coast Day Surgery and QNU - Nurses - Enterprise Agreement 2015-2018, subject to certain conditions. These conditions included the agreement being registered with the Fair Work Commission and the parties providing a copy of the agreement to the Commission within a specified timeframe. The Commission also noted that the agreement would be subject to review in accordance with the Fair Work Act 2009.

Sunshine Coast 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