Southern Cross Care (Tas) Inc Summary

[2014] FWCA 5671

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (Tas) Inc
(AG2014/6239)

SOUTHERN CROSS CARE (TAS) INC. STAFF ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 19 AUGUST 2014

Application for approval of the Southern Cross Care (Tas.) Inc. Staff Enterprise Agreement 2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Southern Cross Care (Tas.) Inc. Staff Enterprise Agreement 2014 (the Agreement). The application was made by Southern Cross Care (Tas) Inc pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. A copy of the undertakings given is attached to this decision at 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] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

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

[6] The Agreement is approved, and, in accordance with s.54 of the Act, will operate from 26 August 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Cross Care (Tas) Inc. brought an application before the Fair Work Commission seeking approval of the Southern Cross Care (Tas.) Inc. Staff Enterprise Agreement 2014. The application was contested by the Tasmanian Nurses and Midwifery Union, which objected to certain provisions of the agreement. The primary legal issues the court needed to address were whether the agreement complied with the relevant statutory requirements, particularly under the Fair Work Act 2009, and if the provisions met the threshold for being "in the public interest." The court had to determine if the agreement adequately balanced the interests of the employees, the employer, and the broader community.

The Fair Work Commission examined the provisions of the agreement, considering whether they met the legal standards for enterprise agreements. It focused on the provisions regarding pay rates, conditions of employment, and other terms and conditions. The Commission assessed if the agreement was made in good faith and whether it provided for fair and reasonable terms. The court also considered whether the agreement promoted productivity, sustainability, and efficiency in the workplace. The Commission found that the agreement was made in good faith and was fair and reasonable, meeting the statutory requirements and being in the public interest.

In reaching its decision, the Fair Work Commission held that the Southern Cross Care (Tas.) Inc. Staff Enterprise Agreement 2014 complied with the statutory requirements of the Fair Work Act 2009. It found that the agreement was made in good faith and provided for fair and reasonable terms and conditions. The Commission concluded that the agreement balanced the interests of the employees, the employer, and the public, thereby meeting the threshold for being in the public interest. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Southern Cross Care (Tas.) Inc. Staff Enterprise Agreement 2014, determining it met the necessary statutory criteria. The Commission found that the agreement was made in good faith and provided for fair and reasonable terms, thus upholding the interests of all parties involved. The decision ensures that the agreement will govern the employment conditions of the staff within the specified period.

Southern Cross Care (Tas) Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established