Southern Cross Care (Tas) Inc

[2018] FWCA 5895

[2018] FWCA 5895

FAIR WORK COMMISSION

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

<AE500198  PR700639>

Annexure A