DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (Tas) Inc
(AG2018/1345)

SOUTHERN CROSS CARE (TAS) INC AND MARY'S GRANGE INC. STAFF ENTERPRISE AGREEMENT 2017

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 SEPTEMBER 2018

Application for approval of the Southern Cross Care (Tas) Inc and Mary's Grange Inc. Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (Tas) Inc and Mary’s Grange Inc. Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Southern Cross Care (Tas) Inc. 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 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.

[4] The Australian Nursing and Midwifery Federation & Health Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] I note the Part IV(a) is inconsistent with the National Employment Standards as it states that all reasonable effort must be made by an employee to advise his or her immediate supervisor at least 2 hours before the normal start time on any day of absence. Given the National Employment Standards precedence clause at Clause 9(a) of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 September 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Southern Cross Care (Tas) Inc. brought an application for the approval of the Southern Cross Care (Tas) Inc. and Mary's Grange Inc. Staff Enterprise Agreement 2017. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement satisfied the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been fairly negotiated and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission needed to determine if the agreement appropriately balanced the interests of both employers and employees.

In its decision, the Commission detailed the procedural steps taken to ensure the agreement had been fairly negotiated, including the evidence of the bargaining processes. The Commission found that the agreement contained all the necessary minimum terms and conditions and that it did not unfairly disadvantage either party. The Commission concluded that the agreement met the statutory requirements for approval. As a result, the application was successful, and the enterprise agreement was approved.

The final orders of the Commission were that the Southern Cross Care (Tas) Inc. and Mary's Grange Inc. Staff Enterprise Agreement 2017 be approved, effective from the date of the decision. This approval meant that the terms of the agreement would govern the employment conditions of the staff at the respective entities.

Southern Cross Care (Tas) Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established