DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (WA) Inc
(AG2020/951)

SOUTHERN CROSS CARE (WA) INC. RESIDENTIAL CARE ENTERPRISE AGREEMENT 2019

Aged care industry
COMMISSIONER WILLIAMS	PERTH, 8 MAY 2020

Application for approval of the Southern Cross Care (WA) Inc. Residential Care Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (WA) Inc. Residential Care Enterprise Agreement 2019 (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 (WA) Inc. 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 and the Health Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2020. The nominal expiry date of the Agreement is 14 May 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Southern Cross Care (WA) Inc. applied for the approval of the Residential Care Enterprise Agreement 2019, which was the subject of a dispute between the applicant and its employees. The Fair Work Commission was the court that heard the matter. The legal issues before the court included whether the agreement was in the best interests of the employees and whether it complied with the relevant provisions of the Fair Work Act 2009.

The court examined the terms of the agreement, including the wages, hours of work, and conditions of employment. The court also considered the views of the employees and the employer, as well as the impact of the agreement on the workforce and the industry. The court found that the agreement was fair and reasonable and that it met the requirements of the Act. The court approved the agreement, noting that it provided for a reasonable balance between the interests of the employer and the employees.

The court further found that the agreement complied with the relevant provisions of the Act, including the requirement that it be in writing and that it be certified by an independent certifier. The court was satisfied that the agreement was made in good faith and that it provided for a fair and reasonable resolution of the dispute. The agreement was approved, and the court made orders accordingly. The orders included the registration of the agreement and the certification of its terms and conditions.

Southern Cross Care (WA) Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established