Southern Cross Care (Sa, Nt & Vic) Inc T/A Southern Cross Care (Sa, Nt & Vic) Inc

Case

[2022] FWCA 4613

30 DECEMBER 2022


[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

  1. 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

  1. 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

  1. 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

  1. 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.

  1. In accordance with s.201(2), I note that the Agreement covers the ANMF and the UWU.

Approval

  1. 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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