DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (Broken Hill) Ltd
(AG2016/2823)

SOUTHERN CROSS CARE (BROKEN HILL), NSWNMA AND THE BROKEN HILL TOWN EMPLOYEES’ UNION ENTERPRISE AGREEMENT 2015 - 2017

Aged care industry
COMMISSIONER CRIBB	MELBOURNE, 21 APRIL 2016

Application for approval of the Southern Cross Care (Broken Hill), NSWNMA and The Broken Hill Town Employees’ Union Enterprise Agreement 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (Broken Hill), NSWNMA and The Broken Hill Town Employees’ Union Enterprise Agreement 2015 - 2017 (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) Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Broken Hill Town Employees’ Union, the Australian Nursing and Midwifery Federation and the New South Wales Nurses and Midwives' Association, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover their respective organisations. In accordance with s.201(2) of the Act I note that the Agreement covers both of these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 April 2016. The nominal expiry date of the Agreement is 30 June 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Cross Care (Broken Hill) Ltd, together with the New South Wales Nurses and Midwives' Association (NSWNMA) and The Broken Hill Town Employees’ Union, applied for the approval of their Enterprise Agreement 2015 - 2017. The application was heard in the Fair Work Commission, which is the tribunal responsible for such matters. The primary dispute revolved around the interpretation and application of various provisions within the proposed enterprise agreement, specifically concerning the classification of roles and the associated remuneration.

The legal issues before the commission included whether the classification of certain roles within the agreement was consistent with the Fair Work Act 2009, and if the proposed remuneration was fair and reasonable. Additionally, the commission had to determine whether the agreement met the requirements for simplification and clarity as stipulated under the Fair Work Regulations 2009. The applicants argued that the classifications and remuneration were in line with industry standards and were necessary to address the unique circumstances of the Broken Hill region.

The Fair Work Commission found that the classifications and remuneration provisions within the enterprise agreement were fair and reasonable, taking into account the regional context of Broken Hill. The commission noted that the agreement demonstrated a balanced approach between the parties' interests and aligned with the principles of the Fair Work Act. Furthermore, the commission concluded that the agreement was sufficiently simplified and clear, thereby meeting the requirements of the Fair Work Regulations. As a result, the commission approved the application for the enterprise agreement.

The final orders included the approval of the Southern Cross Care (Broken Hill) Enterprise Agreement 2015 - 2017, with the specified classifications and remuneration to be effective from the date of the commission's decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment conditions of the relevant employees for the duration of the agreement.

Southern Cross Care (Broken Hill) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established