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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Southern Cross Care (NSW & ACT) sought approval of an enterprise agreement with its employees. The application was made under section 234 of the Fair Work Act 2009. The respondents to the application were the Australian Council of Trade Unions and the Health Services Union of Australia. The dispute centred around the terms and conditions of employment for the employees within the scope of the proposed agreement.

The legal issues before the Commission were whether the agreement was in the best interests of the employees, whether it complied with the requirements of the Fair Work Act, and whether it was free from any improper influence or coercion. The Commission had to consider various provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment conditions. Additionally, the Commission needed to ensure that the agreement did not undermine the safety and health of employees or the community.

The Commission found that the proposed enterprise agreement was in the best interests of the employees and was not contrary to the public interest. The agreement provided for fair and reasonable terms and conditions of employment, and it complied with the requirements of the Fair Work Act. The Commission was satisfied that the agreement was made without any improper influence or coercion. Consequently, the Commission approved the Southern Cross Care (NSW & ACT) Enterprise Agreement 2017 - 2020.

Southern Cross Care (NSW & ACT)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established