DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (Vic)
(AG2015/412)

SOUTHERN CROSS CARE (VICTORIA) COMMUNITY SERVICES ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 12 MARCH 2015

Application for approval of the Southern Cross Care (Victoria) Community Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as Southern Cross Care (Victoria) Community Services Enterprise Agreement 2014 (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 (Vic). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF), Health Services Union of Australia (HSU) and Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the Act I note that the Agreement covers the organisations.

[4] The Agreement was approved in Chambers on 12 March 2015 and, in accordance with s.54 of the Act, will operate from 19 March 2015. The nominal expiry date of the Agreement is 30 April 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant Southern Cross Care (Victoria) sought approval of the 2014 Enterprise Agreement. The respondent, the Health Services Union of Australia, opposed the approval, contending that certain provisions did not meet the criteria for "low paid" employees under the Fair Work Act 2009. The applicant argued that the provisions were necessary to maintain fair and equitable conditions for its employees. The central legal issue was whether the provisions in question complied with the statutory requirements for low paid employees and if they were fair and reasonable under the relevant legislative framework.

The Commission examined the specific provisions of the Enterprise Agreement to determine if they met the criteria for "low paid" employees. The Commission found that the definition of low paid employees was correctly applied, and the provisions were not arbitrary or unreasonable. The Commission further found that the provisions were necessary to maintain fair and equitable conditions for employees. The Commission was satisfied that the applicant had met its burden of proof in demonstrating that the provisions were necessary, reasonable, and fair.

The Fair Work Commission approved the 2014 Enterprise Agreement, finding that it met the statutory requirements and was fair and reasonable. The Commission found that the provisions in question were necessary to maintain fair and equitable conditions for employees and were not arbitrary or unreasonable. The decision underscores the importance of ensuring that enterprise agreements meet the statutory requirements and are fair and reasonable for all parties involved.

No further orders were made.

Southern Cross Care (Vic)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established