Southern Cross Care (Qld) Inc. Summary

[2018] FWCA 7276

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Southern Cross Care (Qld) Inc.

(AG2018/2995)

Southern Cross Care (Qld) - Residential Support Staff Enterprise Agreement 2018

Aged care industry
Commissioner Bissett	MELBOURNE, 28 NOVEMBER 2018

Application for approval of the Southern Cross Care (Qld) - Residential Support Staff Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Southern Cross Care (Qld) - Residential Support Staff Enterprise Agreement 2018 (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.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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.

The Australian Nursing and Midwifery Federation, The Australian Workers’ Union 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 the organisations.

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

In the matter of Southern Cross Care (Qld) Inc., the Fair Work Commission was presented with an application to approve the Southern Cross Care (Qld) – Residential Support Staff Enterprise Agreement 2018. The applicant, Southern Cross Care (Qld) Inc., sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was brought in response to the need for an updated enterprise agreement to reflect the current employment conditions and obligations of residential support staff within the organisation.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions of section 230, which stipulates the criteria for an enterprise agreement to be approved and registered. The Commission needed to determine if the agreement provided for fair and reasonable terms and conditions, and if it complied with the good faith bargaining obligations as outlined in the Act. Additionally, the Commission had to assess if the agreement contained all the mandatory terms prescribed by the Act, and if it was consistent with the public interest.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties, the content of the proposed agreement, and the relevant legislative framework. The Commission found that the agreement was the product of genuine and good faith bargaining between the employer and the employees' representatives. It determined that the agreement met all the mandatory requirements of the Act and provided for fair and reasonable terms and conditions for the employees. The Commission also concluded that the agreement was in the public interest and complied with the good faith bargaining obligations. Consequently, the Commission approved and registered the Southern Cross Care (Qld) – Residential Support Staff Enterprise Agreement 2018.

As a result of the Commission's decision, the agreement was approved and registered under the Fair Work Act 2009, effective from the date of the decision. This decision ensures that the residential support staff of Southern Cross Care (Qld) Inc. have a legally binding enterprise agreement that governs their employment terms and conditions, providing them with the protections and rights afforded under the Act.

Southern Cross Care (Qld) Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established