Southern Cross Care (Tas) Inc

[2019] FWC 8596

[2019] FWC 8596

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.248—Single interest employer authorisation

Southern Cross Care (Tas) Inc
(B2019/1342)

COMMISSIONER LEE MELBOURNE, 20 DECEMBER 2019

Application for a single interest employer authorisation.

[1] Southern Cross Care (Tas) Inc (the Applicant) has made an application for a single interest employer authorisation under s.248 of the Fair Work Act 2009 (the Act).

[2] Section 248 of the Act is as follows:

“248 Single interest employer authorisations

(1) Two or more employers may apply to the FWC for an authorisation (a single interest employer authorisation) under section 249 in relation to a proposed enterprise agreement.

Note: The effect of a single interest employer authorisation is that the employers are single interest employers in relation to the agreement (see paragraph 172(5)(c)).

(2) The application must specify the following:

(a) the employers that will be covered by the agreement;

(b) the employees who will be covered by the agreement;

(c) the person (if any) nominated by the employers to make applications under this Act if the authorisation is made.”

[3] Section 249 of the Act is as follows:

“249 When the FWC must make a single interest employer authorisation

Single interest employer authorisation

(1) The FWC must make a single interest employer authorisation in relation to a proposed enterprise agreement if:

(a) an application for the authorisation has been made; and

(b) the FWC is satisfied that:

(i) the employers that will be covered by the agreement have agreed to bargain together; and

(ii) no person coerced, or threatened to coerce, any of the employers to agree to bargain together; and

(c) the requirements of either subsection (2) (which deals with franchisees) or (3) (which deals with employers that may bargain together for a proposed enterprise agreement) are met.

Franchisees

(2) The requirements of this subsection are met if the FWC is satisfied that the employers carry on similar business activities under the same franchise and are:

(a) franchisees of the same franchisor; or

(b) related bodies corporate of the same franchisor; or

(c) any combination of the above.

Employers that may bargain together for the agreement

(3) The requirements of this subsection are met if the FWC is satisfied that all of the employers are specified in a declaration made under section 247 in relation to the agreement.

Operation of authorisation

(4) The authorisation:

(a) comes into operation on the day on which it is made; and

(b) ceases to be in operation at the earlier of the following:

(i) the day on which the enterprise agreement to which the authorisation relates is made;

(ii) 12 months after the day on which the authorisation is made or, if the period is extended under section 252, at the end of that period.”

[4] The employers to be covered by the proposed enterprise agreement listed below are currently covered by the Southern Cross Care (Tas) Inc and Mary’s Grange Inc. Staff Enterprise Agreement 2017:

•  Southern Cross Care (Tas) Inc

•  Mary’s Grange Incorporated

[5] The above employers are the same employers specified in the Ministerial Declaration pursuant to s.247 of the Act.

[6] The employees who will be covered by the proposed agreement are the employees of the employers listed above who are currently covered by the Southern Cross Care (Tas) Inc. and Mary’s Grange Inc. Staff Enterprise Agreement 2017 in the following classifications:

•  Nursing employees (registered and enrolled nurses)

•  Aged care employees, Home Care employees

•  Administrative employees

•  Pastoral carers

[7] The application is made by the Southern Cross Care (Tas) Inc which is nominated by the employers to make applications under the Act if the single interest authorisation is made.

[8] On the basis of the application that has been lodged together with the Ministerial Declaration, I am satisfied that the requirements set out in ss.249(1)(a),(b) and (c) of the Act have been met.

[9] Therefore, in accordance with s. 249(1) of the Act, I must make a single interest employer authorisation in relation to the proposed enterprise agreement.

[10] The authorisation will come into operation on the day on which it is made, which is the date of this decision.

[11] An order giving effect to this decision will be issued separately.

COMMISSIONER

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