Southern Cross Care (SA & NT) Inc

Case [2015] FWCA 1463
[2015] FWCA 1463
FAIR WORK COMMISSION

DECISION


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

Southern Cross Care (SA & NT) Inc
(AG2015/356)

SOUTHERN CROSS CARE (SA & NT) INC ALLIED HEALTH PROFESSIONALS - HSU ENTERPRISE AGREEMENT 2013

Aged care industry

COMMISSIONER HAMPTON

ADELAIDE, 3 MARCH 2015

Application for approval of the Southern Cross Care (SA & NT) Inc Allied Health Professionals - HSU Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (SA & NT) Inc Allied Health Professionals - HSU Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Southern Cross Care (SA & NT) Inc. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] Health Services Union of Australia - South Australian Branch, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 March 2015. The nominal expiry date of the Agreement is 30 June 2016.

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Details
AGLC
Southern Cross Care (SA & NT) Inc [2015] FWCA 1463
Case
[2015] FWCA 1463
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, Southern Cross Care (SA & NT) Inc applied for the approval of the Southern Cross Care (SA & NT) Inc Allied Health Professionals - HSU Enterprise Agreement 2013. The dispute centred around the terms and conditions of employment for allied health professionals within the organisation. The primary issue was whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The court had to determine if the agreement provided for the employees' minimum entitlements, was free from prohibited content, and was fairly and genuinely negotiated. The key issue was whether the provisions regarding shift penalties and allowances adequately met the minimum standards set by the Act. The court considered whether the agreement appropriately balanced the needs and rights of both the employer and the employees.

The Fair Work Commission found that the agreement was compliant with the Act. The provisions for shift penalties and allowances were deemed sufficient to meet the minimum entitlements. The court concluded that the agreement was fairly and genuinely negotiated and free from any prohibited content. Consequently, the court approved the enterprise agreement, allowing it to take effect as of the specified date.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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