Sunshine Coast Day Surgery Pty Ltd

[2013] FWCA 4870

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Sunshine Coast Day Surgery Pty Ltd
(AG2013/7257)

SUNSHINE COAST DAY SURGERY AND QNU - NURSES - ENTERPRISE AGREEMENT 2012-2015

Health and welfare services
COMMISSIONER SIMPSON	BRISBANE, 19 JULY 2013

Application for approval of the Sunshine Coast Day Surgery and QNU - Nurses - Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Sunshine Coast Day Surgery and QNU - Nurses - Enterprise Agreement 2012-2015 (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] 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.

[3] The Australian Nursing Federation and the 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) of the Act, I note that the Agreement covers these organisations.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 July 2013. The nominal expiry date of the agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Sunshine Coast Day Surgery Pty Ltd applied for approval of the Sunshine Coast Day Surgery and QNU - Nurses - Enterprise Agreement 2012-2015. The application was made to the Fair Work Commission. The applicant is a day surgery that employs registered nurses. The respondents are the Queensland Nurses' Union and several nurses who are members of the union. The dispute centred around whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it was a "good faith" agreement and whether it included mandatory terms.

The legal issues the court was required to decide were whether the proposed agreement was made in good faith and whether it contained all the mandatory terms prescribed by the Fair Work Act. The court had to consider whether the agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement met the "better off overall test," which required that the agreement be at least as good as the applicable award or registered agreement.

The court found that the proposed agreement met the requirements of the Fair Work Act. The court found that the agreement was made in good faith and contained all the mandatory terms prescribed by the Act. The court found that the agreement provided for fair and reasonable terms and conditions of employment and met the better off overall test. The court approved the proposed agreement, which will now become a registered agreement. The court found that the agreement was fair and reasonable and provided for the best possible terms and conditions of employment for the nurses. The court approved the agreement, which will now become a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established