DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (Broken Hill) Limited
(AG2017/5913)

SOUTHERN CROSS CARE (BROKEN HILL) LIMITED, NSWNMA AND THE BROKEN HILL TOWN EMPLOYEES’ UNION ENTERPRISE AGREEMENT 2017-2020

Aged care industry
COMMISSIONER SAUNDERS	NEWCASTLE, 21 DECEMBER 2017

Application for approval of the Southern Cross Care (Broken Hill) Limited, NSWNMA and The Broken Hill Town Employees’ Union Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (Broken Hill) Limited, NSWNMA and The Broken Hill Town Employees’ Union Enterprise Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Cross Care (Broken Hill) Limited. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Nursing and Midwifery Federation, the New South Wales Nurses and Midwives’ Association and the Broken Hill Town Employees’ Union 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) I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross Care (Broken Hill) Limited, the NSW Nurses and Midwives’ Association (NSWNMA) and The Broken Hill Town Employees’ Union brought an application before the Fair Work Commission for approval of their enterprise agreement. The application was made on the basis that the agreement met the requirements of the Fair Work Act 2009. The application was opposed by the Broken Hill Town Employees’ Union, who argued that the agreement did not adequately provide for the protection of employees’ rights and interests. The Fair Work Commission was required to consider whether the enterprise agreement met the requirements of the Fair Work Act, including that it was in writing, provided for the terms and conditions of employment, and was made in good faith. The Commission also had to consider whether the agreement provided for the protection of employees’ rights and interests, including their right to fair and equitable treatment, and whether it met the requirements for independent assessment and approval.

The Commission found that the enterprise agreement met the requirements of the Fair Work Act and provided for the protection of employees’ rights and interests. The agreement contained provisions for the fair and equitable treatment of employees, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement was made in good faith and that the parties had engaged in genuine bargaining. The Commission also found that the agreement met the requirements for independent assessment and approval, and that it was in the best interests of the employees.

The Fair Work Commission approved the enterprise agreement between Southern Cross Care (Broken Hill) Limited, the NSW Nurses and Midwives’ Association, and The Broken Hill Town Employees’ Union. The agreement was approved on the basis that it met the requirements of the Fair Work Act and provided for the protection of employees’ rights and interests. The agreement will now be in effect for the period of 2017-2020, and will govern the terms and conditions of employment for the employees covered by the agreement.

Southern Cross Care (Broken Hill) Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established