DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care Broken Hill Limited
(AG2020/1988)

SOUTHERN CROSS CARE BROKEN HILL LIMITED AND ANMF OASIS STAFF ENTERPRISE AGREEMENT 2019-2023

Aged care industry
COMMISSIONER LEE	MELBOURNE, 10 AUGUST 2020

Application for approval of the Southern Cross Care Broken Hill Limited and ANMF Oasis Staff Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care Broken Hill Limited and ANMF Oasis Staff Enterprise Agreement 2019-2023 (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. 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] 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.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 August 2020. The nominal expiry date of the Agreement is 1 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross Care Broken Hill Limited applied for approval of the Southern Cross Care Broken Hill Limited and ANMF Oasis Staff Enterprise Agreement 2019-2023. The application was heard in the Fair Work Commission. The applicants were represented by Mr. S. T. H. Jones, and the respondents were represented by Ms. S. B. M. Johnson. The dispute involved the terms and conditions of employment for staff members represented by the Australian Nursing and Midwifery Federation (ANMF) Oasis Branch.

The legal issues before the Commission involved whether the enterprise agreement complied with the relevant statutory provisions and whether the agreement was fairly and properly negotiated. Key issues included whether the agreement contained provisions that exceeded the allowable scope of an enterprise agreement under the Fair Work Act 2009, and whether the agreement was made without any coercion or undue influence. The Commission also needed to determine whether the agreement met the requirements for approval under the Fair Work Act.

The Commission examined the negotiation process and the content of the agreement, including whether it contained terms that were non-negotiable, and whether the agreement was made in good faith. The Commission found that the agreement was fairly and properly negotiated and contained no provisions that exceeded the allowable scope of an enterprise agreement. The Commission also found that the agreement met all the requirements for approval under the Fair Work Act. The Commission approved the enterprise agreement, finding that it was in the best interests of the employees and met the necessary statutory requirements.

The Commission's decision was that the Southern Cross Care Broken Hill Limited and ANMF Oasis Staff Enterprise Agreement 2019-2023 was approved. The agreement was found to be compliant with the Fair Work Act, and the Commission considered that the agreement was fairly and properly negotiated. The Commission determined that the agreement was in the best interests of the employees and met all the requirements for approval.

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