DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WDS Management Pty Ltd atf WDS Unit Trust T/A Wollongong Day Surgery
(AG2016/3079)

WOLLONGONG DAY SURGERY ENTERPRISE AGREEMENT 2016-2018

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 3 JUNE 2016

Application for approval of the Wollongong Day Surgery Enterprise Agreement 2016-2018.

[1] On 3 May 2016, WDS Management Pty Ltd atf WDS Unit Trust T/A Wollongong Day Surgery (Applicant) made an application for approval of the Wollongong Day Surgery Enterprise Agreement 2016-2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, has been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 June 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WDS Management Pty Ltd, trading as Wollongong Day Surgery, applied for the approval of the Wollongong Day Surgery Enterprise Agreement 2016-2018. The application was heard by the Fair Work Commission, which needed to determine whether the agreement met the criteria for registration under the Fair Work Act 2009. The applicants were represented by legal counsel who argued that the agreement was fair and reasonable, while the respondents, who were the employees' representatives, contended that certain provisions of the agreement did not meet the necessary standards for approval.

The court was tasked with examining various legal issues, including whether the agreement complied with the procedural requirements set forth in the Act, whether it contained the mandatory terms prescribed by the Fair Work Act, and whether it was free from any invalid provisions that could render it unenforceable. Additionally, the court had to consider whether the agreement was in the best interests of the employees and whether it provided for a fair and reasonable outcome for all parties involved.

In its decision, the Fair Work Commission found that the Wollongong Day Surgery Enterprise Agreement 2016-2018 was compliant with the necessary procedural and substantive requirements of the Fair Work Act. The Commission concluded that the agreement contained all the mandatory terms and was fair and reasonable, taking into account the needs and interests of both the employees and the employer. The court approved the agreement, finding that it met the criteria for registration and was in the best interests of all parties involved.

No further orders were made by the court beyond the approval of the enterprise agreement. The agreement was registered, and the parties were bound by its terms for the duration of the agreement, which was from 2016 to 2018. The decision of the Fair Work Commission was final and binding, and no further appeals were permitted.

WDS Management Pty Ltd atf WDS Unit Trust T/A Wollongong 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