DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sunshine Coast Day Surgery Pty Ltd T/A Sunshine Coast Day Surgery
(AG2018/5226)

SUNSHINE COAST DAY SURGERY - NURSES - ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER GREGORY	MELBOURNE, 1 FEBRUARY 2019

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

[1] An application has been made for approval of an enterprise agreement known as the Sunshine Coast Day Surgery - Nurses - Enterprise Agreement 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 T/A Sunshine Coast Day Surgery. The Agreement is a single enterprise agreement.

[2] The Employer 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 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Sunshine Coast Day Surgery Pty Ltd, trading as Sunshine Coast Day Surgery, sought approval for the Nurses - Enterprise Agreement 2018 from the Fair Work Commission. The dispute arose from the negotiation of the terms and conditions of employment for nurses working at the facility. The Fair Work Commission was tasked with determining whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement was genuinely negotiated, whether it provided for the protection of employees' interests, and whether it adhered to the provisions of the Fair Work Act. Specifically, the Commission had to consider if the agreement included appropriate mechanisms for dispute resolution and if it complied with the mandated minimum entitlements, such as minimum wages and standard working hours. Furthermore, the Commission examined whether the agreement contained any terms that were contrary to public policy or had a detrimental impact on the health and safety of employees.

The Fair Work Commission found that the Nurses - Enterprise Agreement 2018 was genuinely negotiated and adequately protected the interests of the nurses. The agreement was deemed to comply with the statutory minimum entitlements and included provisions for dispute resolution that were fair and accessible. The Commission also noted that the agreement did not include any terms that were contrary to public policy or posed a risk to the health and safety of the employees. Consequently, the Commission approved the agreement, finding it to be in the best interests of the nurses and the employer.

In summary, the Fair Work Commission granted approval for the Sunshine Coast Day Surgery Nurses - Enterprise Agreement 2018, recognising its compliance with the legal standards set forth in the Fair Work Act and its alignment with the interests of both the nurses and the employer.

Sunshine Coast Day Surgery Pty Ltd T/A Sunshine Coast Day Surgery

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established