Southern Cross Care (Tas) Inc T/A Southern Cross Care (Tas) Inc

[2022] FWCA 4164

[2022] FWCA 4164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Cross Care (Tas) Inc T/A Southern Cross Care (Tas) Inc

(AG2022/4604)

Southern Cross Care (Tas) Inc Staff Enterprise Agreement 2021

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 28 NOVEMBER 2022

Application for approval of the Southern Cross Care (Tas) Inc Staff Enterprise Agreement 2021

1. An application has been made for approval of an enterprise agreement known as the Southern Cross Care (Tas) Inc Staff Enterprise Agreement 2021 (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 T/A Southern Cross Care (Tas) Inc. The Agreement is a single enterprise agreement.

1. 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. The undertakings are taken to be a term of the agreement.

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.

1. The Australian Nursing and Midwifery Federation and the Health Services Union 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 the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 December 2022. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

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<AE518330  PR748353>

Annexure A