DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (Qld) Ltd
(AG2019/990)

SOUTHERN CROSS CARE (QLD) - COMMUNITY CARE ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 18 JUNE 2019

Application for approval of the Southern Cross Care (Qld) - Community Care Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (Qld) - Community Care Enterprise Agreement 2019 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Southern Cross Care (Qld) Ltd (Employer). 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] 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.

[4] The Agreement lodged contained an administrative error at clause 17.5(a)(i)(B). On 6 June 2019, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] United Voice, being 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 cover the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2019. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Southern Cross Care (Qld) Ltd for the approval of the Southern Cross Care (Qld) - Community Care Enterprise Agreement 2019. The agreement was sought to cover employees of the respondent who are employed under various community care services in Queensland. The applicants were Southern Cross Care (Qld) Ltd and the Australian Services Union, who jointly submitted the application for approval. The application was made under the Fair Work Act 2009, which mandates the Commission to consider the application and decide whether the proposed agreement is suitable for registration.

The primary legal issues the Commission had to address were whether the agreement complied with the procedural and substantive requirements of the Fair Work Act and whether it adhered to the 'better off overall test'. The procedural requirements included verifying that the agreement was made in good faith and that the appropriate bargaining representatives had been involved. The substantive requirements encompassed ensuring the agreement covered specific mandatory topics, was free from prohibited content, and did not discriminate against employees. The 'better off overall test' required the Commission to assess if the agreement provided employees with at least the same terms and conditions as they had prior to the agreement, in a majority of cases.

The Commission found that the application met all procedural and substantive requirements. It determined that the agreement was made in good faith, involved the appropriate bargaining representatives, and was free from prohibited content. The Commission also concluded that the agreement provided employees with at least the same terms and conditions as they had prior to the agreement, thereby satisfying the 'better off overall test'. The Commission noted that while some employees might experience a decrease in certain conditions, the overall benefits, such as increased wages and improved working conditions, outweighed these decreases. Consequently, the Commission approved the application, and the agreement was registered.

The final order of the Commission was that the Southern Cross Care (Qld) - Community Care Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. This decision was made on the basis that the agreement complied with all legal requirements and met the 'better off overall test', thereby ensuring that the majority of employees would be at least as well off under the new agreement as they were previously.

Southern Cross Care (Qld) Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established