DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (Qld) Inc.
(AG2018/2998)

SOUTHERN CROSS CARE (QLD) AND QNMU – NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 28 NOVEMBER 2018

Application for approval of the Southern Cross Care (Qld) and QNMU - Nurses Enterprise Agreement2018.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (Qld) and QNMU - Nurses Enterprise Agreement2018 (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 (Qld) Inc. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross Care (Qld) Inc. was the subject of an application to the Fair Work Commission for the approval of a new enterprise agreement with the Queensland Nurses and Midwives' Union. The application was brought by the employer, Southern Cross Care, and the union, the Queensland Nurses and Midwives' Union. The dispute centred on the terms and conditions of employment for nurses within the organisation. The Fair Work Commission was tasked with assessing the agreement under the Fair Work Act 2009 to determine if it met the necessary criteria for approval.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly sections concerning the procedural fairness, good faith bargaining, and the overall benefits and detriments of the agreement to the employees. The Commission needed to determine if the agreement was made in good faith, if the bargaining process was fair, and if the agreement provided a safety net for employees, among other requirements.

In delivering its decision, the Commission found that the agreement satisfied all the legal requirements for approval. The bargaining process was deemed to be conducted in good faith, and the terms of the agreement were considered fair and reasonable. The Commission emphasised the importance of the agreement in providing a comprehensive safety net for the employees, covering various aspects of their employment including wages, hours of work, and other conditions. Consequently, the Commission approved the enterprise agreement, finding it to be compliant with the Act and in the best interests of the employees.

The Fair Work Commission approved the Southern Cross Care (Qld) and QNMU - Nurses Enterprise Agreement 2018, recognising it as meeting all necessary legal standards and providing fair terms and conditions for the employees involved.

Southern Cross Care (Qld) Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established