DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Day Surgery - Prince Alfred Pty Ltd T/A Sydney Day Surgery - Prince Alfred
(AG2020/2358)

SYDNEY DAY SURGERY – PRINCE ALFRED NURSING EMPLOYEES ENTERPRISE AGREEMENT 2020

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 14 SEPTEMBER 2020

Application for approval of the Sydney Day Surgery - Prince Alfred Nursing Employees Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Sydney Day Surgery - Prince Alfred Nursing Employees Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Day Surgery - Prince Alfred Pty Ltd T/A Sydney Day Surgery - Prince Alfred. 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. The undertakings are taken to be a term of 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 21 September 2020. The nominal expiry date of the Agreement is 20 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Sydney Day Surgery - Prince Alfred Pty Ltd, trading as Sydney Day Surgery - Prince Alfred, and a number of its employees represented by the Health Services Union of Australia. The dispute centred around the application for approval of the Sydney Day Surgery - Prince Alfred Nursing Employees Enterprise Agreement 2020. The matter was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to handle various employment-related disputes, including the approval of enterprise agreements.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement complied with the "better off overall test" (BOOT) and whether it was made in good faith. The BOOT requires that employees are no worse off financially and have at least the same conditions as those provided under the applicable award or previous enterprise agreement. Additionally, the agreement had to be assessed for compliance with procedural requirements, including proper notice and opportunity for employees to be consulted.

The Commission found that the proposed enterprise agreement was in compliance with the BOOT, as it provided employees with improved terms and conditions, including better wages and conditions compared to the previous agreement. The Commission also determined that the agreement was made in good faith, as it was negotiated through proper consultation processes with the relevant employee representatives. The agreement included adequate provisions for employee input and had been fairly negotiated. Therefore, the Commission approved the enterprise agreement, finding it met all necessary statutory requirements for approval.

The Fair Work Commission approved the Sydney Day Surgery - Prince Alfred Nursing Employees Enterprise Agreement 2020, confirming its compliance with the statutory requirements under the Fair Work Act. This decision was based on the agreement meeting the better off overall test and being made in good faith, with proper consultation processes in place. The approval ensures that the employees of Sydney Day Surgery - Prince Alfred are now governed by the terms and conditions set out in this new enterprise agreement.

Sydney Day Surgery - Prince Alfred Pty Ltd T/A Sydney Day Surgery - Prince Alfred

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established