Southern Cross Care (Qld) Inc Summary

[2013] FWCA 959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Southern Cross Care (Qld) Inc
(AG2013/126)

SOUTHERN CROSS CARE RESIDENTIAL SUPPORT STAFF ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER ASBURY	BRISBANE, 11 FEBRUARY 2013

Application for approval of the Southern Cross Care Residential Support Staff Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care Residential Support Staff Enterprise Agreement 2013 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Workers’ Union (AWU) and United Voice (UV), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that the organisations want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] On 7 February 2013 undertakings were provided by the Employer. Pursuant to s.190 of the Act, I accept the Employer’s undertakings. In accordance with s.201(3) of the Act I note that a copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 18 February 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Southern Cross Care (Qld) Inc, sought approval of the Southern Cross Care Residential Support Staff Enterprise Agreement 2013. The dispute arose from the negotiation process between the applicant and the respondent, the Health Services Union of Australia. The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The Commission examined whether the agreement was a "good faith" agreement as defined in the Act. Key considerations included the process through which the agreement was reached, the involvement of the parties, and whether there were any procedural irregularities. The Commission also evaluated whether the agreement complied with the minimum standards set by the Act, including provisions related to wages, conditions, and dispute resolution mechanisms.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was reached in good faith and complied with all statutory requirements. The Commission approved the agreement, noting that it provided fair and reasonable terms and conditions for the employees covered by the agreement. The approval was granted subject to certain conditions, which were detailed in the decision.

The final orders included the approval of the enterprise agreement with specific conditions, ensuring compliance with the Fair Work Act 2009, and mandating that any changes to the agreement in the future must also adhere to the Act's provisions.

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