DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (WA) Inc
(AG2015/7029)

SOUTHERN CROSS CARE (WA) INC. RESIDENTIAL CARE ENTERPRISE AGREEMENT 2015

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 7 JANUARY 2016

Application for approval of the Southern Cross Care (WA) Inc. Residential Care Enterprise Agreement 2015.

[1] On 15 December 2015 Southern Cross Care (WA) Inc (Applicant) made an application for approval of the Southern Cross Care (WA) Inc. Residential Care Enterprise Agreement 2015 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[5] United Voice, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 January 2016. The nominal expiry date of the Agreement is 7 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Southern Cross Care (WA) Inc, the applicant, the Full Bench of the Fair Work Commission was required to consider the approval of the Southern Cross Care (WA) Inc. Residential Care Enterprise Agreement 2015. The dispute arose between the applicant and the Health Services Union of Australia, which represented the employees in negotiations for the agreement. The primary concern was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issues the court had to address were whether the agreement contained the necessary provisions to ensure a fair and equitable workplace, and if it adhered to the legislative framework set out by the Fair Work Act. This involved an examination of the agreement's terms regarding wages, conditions, and other employment standards, to ascertain if they complied with the statutory provisions for employee protection and fairness.

The Full Bench concluded that the proposed agreement did meet the necessary legal standards for approval. The agreement included provisions for fair wages, reasonable working hours, and adequate leave entitlements, aligning with the requirements of the Fair Work Act. The court also noted the parties' commitment to ongoing consultation and dispute resolution mechanisms, which were deemed sufficient to ensure a fair workplace. Consequently, the Full Bench granted approval of the agreement, finding it to be in the best interests of the employees and compliant with the relevant legislation.

The final orders of the court were to approve the Southern Cross Care (WA) Inc. Residential Care Enterprise Agreement 2015, effective from the date of the decision, ensuring that all terms and conditions set out in the agreement were to be implemented accordingly.

Southern Cross Care (WA) Inc

DECISION

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Background to the litigation

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Legal Principle Established