Southern Cross Care (WA) Inc

[2020] FWCA 1269

[2020] FWCA 1269

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (WA) Inc
(AG2020/487)

Health and welfare services
DEPUTY PRESIDENT CLANCY	MELBOURNE, 10 MARCH 2020

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

[1] An application has been made for the approval of an enterprise agreement known as the Southern Cross Care (WA) Inc. Enterprise Bargaining 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] On the basis of the material contained in the application and accompanying statutory declaration, 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. The Agreement does not cover all of the employees of Southern Cross Care (WA) Inc, however, taking into account the factors in s.186(3) and s.186(3A) I am satisfied that the group of employees was fairly chosen.

[3] The Australian Nursing and Midwifery Federation (WA Branch), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the Australian Nursing and Midwifery Federation (WA Branch), I note that the Agreement covers the Australian Nursing and Midwifery Federation (WA Branch).

[4] The Agreement is approved and, in accordance with s.54, will operate from 17 March 2020. The nominal expiry date of the Agreement is 17 March 2023.

DEPUTY PRESIDENT

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