Southern Cross Care (NSW & ACT) Limited T/A Southern Cross Care (NSW & ACT)

[2016] FWCA 4671

[2016] FWCA 4671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (NSW & ACT) Limited T/A Southern Cross Care (NSW & ACT)
(AG2016/3327)

SOUTHERN CROSS CARE (NSW & ACT) ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	SYDNEY, 13 JULY 2016

Application for approval of the Southern Cross Care (NSW & ACT) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (NSW & ACT) Enterprise Agreement 2016 (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) Limited 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, 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, the Health Services Union of Australia, the New South Wales Nurses and Midwives’ Association and United Voice, 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 these organisations.

[5] The Agreement was approved on 13 July 2016 and, in accordance with s.54, will operate from 20 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

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Annexure A