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

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross Care (NSW & ACT) Limited, trading as Southern Cross Care (NSW & ACT), applied to the Fair Work Commission for the approval of the Southern Cross Care (NSW & ACT) Enterprise Agreement 2016. The dispute centered around the terms of the agreement and whether they complied with the relevant industrial laws, particularly those governing enterprise agreements and the entitlements of employees.

The legal issues before the court were whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, including provisions for fair and accurate disclosure, the process of bargaining, and the fairness of the terms to the employees. The court had to consider if the agreement had been made in good faith, if it contained the necessary terms, and if the agreement was appropriately registered and certified by the Fair Work Commission.

In examining these issues, the court found that the agreement had been made in good faith and followed the necessary procedures for enterprise bargaining. The terms of the agreement were deemed to be fair, and the process for disclosure and negotiation was compliant with the relevant industrial laws. The court concluded that the agreement met all statutory requirements for approval and did not contain any provisions that were unfair to employees. Consequently, the application for approval was successful, and the agreement was duly approved.

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