| [2022] FWCA 4613 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Southern Cross Care (Sa, Nt & Vic) Inc T/A Southern Cross Care (Sa, Nt & Vic) Inc
(AG2022/4996)
SOUTHERN CROSS CARE (SA, NT & VIC) INC OPERATIONS SUPPORT SERVICES STAFF ENTERPRISE AGREEMENT 2022
| Aged care industry | |
| COMMISSIONER P RYAN | SYDNEY, 30 DECEMBER 2022 |
Application for approval of the Southern Cross Care (SA, NT & VIC) Inc Operations Support Services Staff Enterprise Agreement 2022
Southern Cross Care (SA, NT & VIC) Inc (Employer) has made an application for approval of an enterprise agreement known as the Southern Cross Care (SA, NT & VIC) Inc Operations Support Services Staff Enterprise Agreement 2022 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement.
Section 186, 187, 188 and 190
Subject to the undertakings referred to above, 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.
Section 183 Bargaining Representatives
The Australian Nursing and Midwifery Federation (ANMF) and the United Workers’ Union (UWU) each being a bargaining representative for the Agreement, have given notice under s.183 of the FW Act that they want the Agreement to cover them.
In accordance with s.201(2), I note that the Agreement covers the ANMF and the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 6 January 2023. The nominal expiry date of the Agreement is 30 June 2023.
COMMISSIONER
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- AGLC
- Southern Cross Care (Sa, Nt & Vic) Inc T/A Southern Cross Care (Sa, Nt & Vic) Inc [2022] FWCA 4613
- Case
- [2022] FWCA 4613
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement had been genuinely negotiated and whether it contained the minimum terms and conditions mandated by the Act. Additionally, the Commission had to consider if the agreement was procedurally sound, meaning that it was made in accordance with the relevant legislative provisions. The Commission also needed to ensure that the agreement did not unfairly discriminate against employees and that it was consistent with the principles of the Fair Work Act.
The Commission found that the agreement had been genuinely negotiated between the applicant and the relevant union, and it contained all the required minimum terms and conditions. The Commission confirmed that the process followed in reaching the agreement was fair and transparent, and it was consistent with the legislative requirements. Furthermore, the agreement did not unfairly discriminate against employees and complied with the principles of the Fair Work Act. As a result, the Commission approved the agreement, finding that it met all the necessary statutory requirements.
The Commission approved the Southern Cross Care (SA, NT & VIC) Inc Operations Support Services Staff Enterprise Agreement 2022, effective from 1 July 2022. The approval included the agreement's operation during the transition period, and the Commission directed that the agreement be registered with the Fair Work Commission. The Commission's decision provided clarity on the application of the Fair Work Act in relation to the approval of enterprise agreements, reinforcing the importance of genuine negotiation, procedural fairness, and compliance with the Act's principles.
Orders
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Background
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Evidence
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Decision
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