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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Southern Cross Care (WA) Inc sought approval for the Registered Nurses Enterprise Bargaining Agreement 2019. The agreement was made between the employer and the Health Services Union of Australia. The agreement related to the terms and conditions of employment of registered nurses within the organisation. The union claimed that the agreement was fair and reasonable, while the employer argued that certain provisions were not in line with its business needs and objectives.

The primary legal issue the Commission had to determine was whether the agreement was genuinely a bargain between the parties and whether it was fair and reasonable. The Commission also considered whether the agreement contained any provisions that were contrary to public policy or would have a detrimental effect on the operations of the employer. The Fair Work Act 2009 required the Commission to assess the agreement's provisions against the statutory "better off overall test" to ensure that the agreement did not place the employees in a worse position than they would have been in without the agreement.

The Commission found that the agreement was genuinely a bargain between the parties and that it was fair and reasonable. The Commission noted that the agreement contained provisions that were beneficial to both the employees and the employer, and that the parties had reached the agreement through a genuine process of negotiation. The Commission also found that none of the provisions were contrary to public policy or would have a detrimental effect on the operations of the employer. The Commission concluded that the agreement satisfied the better off overall test and approved the agreement.

The Fair Work Commission approved the Registered Nurses Enterprise Bargaining Agreement 2019 between Southern Cross Care (WA) Inc and the Health Services Union of Australia. The Commission found that the agreement was genuinely a bargain between the parties and that it was fair and reasonable. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or would have a detrimental effect on the operations of the employer. The Commission approved the agreement on the basis that it satisfied the better off overall test.

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