Sydney Day Surgery Prince Alfred Pty. Limited

[2025] FWCA 2689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Sydney Day Surgery Prince Alfred Pty. Limited

(AG2025/2440)

SYDNEY DAY SURGERY – PRINCE ALFRED NURSING EMPLOYEES ENTERPRISE AGREEMENT 2025

Health and welfare services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 12 AUGUST 2025

Application for approval of the Sydney Day Surgery – Prince Alfred Nursing Employees Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Sydney Day Surgery – Prince Alfred Nursing Employees Enterprise Agreement 2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 19 August 2025. The nominal expiry date of the Agreement is 18 August 2028.

The Australian Nursing and Midwifery Federation (ANMF), being a bargaining representative for the Agreement, has given notice to the Fair Work Commission that it wants the Agreement to cover it. In accordance with s 201(2) of the Act, I note that the Agreement covers the ANMF.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Sydney Day Surgery Prince Alfred Pty. Limited for approval of the Sydney Day Surgery – Prince Alfred Nursing Employees Enterprise Agreement 2025. The dispute centred around the terms and conditions of employment for the nursing staff at the facility. The applicant sought approval of the enterprise agreement, which outlined the employment terms for nursing staff, including wages, hours, leave entitlements, and other working conditions. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely negotiated, whether it complied with the procedural requirements set out in the Fair Work Act, and whether it met the statutory minimum standards. The Commission had to consider whether the agreement was negotiated in good faith and whether it provided for the fair and efficient resolution of workplace issues. Furthermore, the Commission needed to assess whether the agreement complied with the procedural requirements for its approval, including whether it was properly certified and whether it included all the required minimum terms.

The Commission found that the agreement was genuinely negotiated and met the procedural requirements for approval. The Commission concluded that the agreement provided for the fair and efficient resolution of workplace issues and complied with the statutory minimum standards. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the nursing staff, including provisions for wages, hours, leave entitlements, and other working conditions. The Commission also found that the agreement was certified by an independent third party and that all the required minimum terms were included. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Sydney Day Surgery – Prince Alfred Nursing Employees Enterprise Agreement 2025, finding that it was genuinely negotiated, complied with the procedural requirements for approval, and met the statutory minimum standards. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions for the nursing staff, including provisions for wages, hours, leave entitlements, and other working conditions. The Commission also found that the agreement was certified by an independent third party and that all the required minimum terms were included. The approval of the agreement ensures that the nursing staff at the facility have a clear and fair understanding of their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established