Southern Cross Care (NSW & ACT)

[2018] FWCA 682

[2018] FWCA 682

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (NSW & ACT)
(AG2017/3801)

SOUTHERN CROSS CARE (NSW & ACT) ENTERPRISE AGREEMENT 2017 - 2020

Aged care industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Southern Cross Care (NSW & ACT) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (NSW & ACT) 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 (NSW & ACT) Ltd t/a Southern Cross Care (NSW & ACT). 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Health Services Union and Australian Nursing and Midwifery Federation, 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.

[5] The Agreement was approved on 1 February 2018 and, in accordance with s.54, will operate from 8 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE427192  PR5100014>

Annexure A