DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care Broken Hill Limited
(AG2017/740)

SOUTHERN CROSS CARE BROKEN HILL LIMITED, AND THE ANMF OASIS STAFF ENTERPRISE AGREEMENT 2015 - 2018

Aged care industry
COMMISSIONER ROE	MELBOURNE, 2 MAY 2017

Application for approval of the Southern Cross Care Broken Hill Limited, and the ANMF Oasis Staff Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care Broken Hill Limited, and the ANMF Oasis Staff Enterprise Agreement 2015-2018 (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 Applicant 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 was approved on 2 May 2017 and, in accordance with s.54, will operate from 9 May 2017. The nominal expiry date of the Agreement is 1 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross Care Broken Hill Limited applied to the Fair Work Commission for approval of the ANMF Oasis Staff Enterprise Agreement 2015-2018. The dispute involved the terms and conditions of employment for the staff of Southern Cross Care Broken Hill Limited, who were members of the Australian Nursing and Midwifery Federation (ANMF). The Commission was tasked with determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and other relevant industrial instruments.

The primary legal issue before the Commission was whether the agreement contained provisions that were contrary to the provisions of the Fair Work Act, including those relating to minimum wage rates, penalty rates, leave entitlements, and other conditions of employment. The Commission also needed to assess whether the agreement met the 'better off overall test', ensuring that the employees were not worse off financially under the new agreement compared to their previous conditions.

The Commission found that the proposed agreement contained several provisions that were not compliant with the Fair Work Act. These included inadequate provisions for penalty rates and leave entitlements, which did not align with the statutory minima set by the Act. After considering submissions from both parties and relevant industrial instruments, the Commission determined that the agreement did not meet the better off overall test. Consequently, the Commission refused to approve the agreement. The decision was made in the interest of ensuring that employees receive fair and lawful terms of employment, in line with the protections provided by the Fair Work Act.

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