DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (WA) Inc.
(AG2015/5279)

SOUTHERN CROSS CARE (WA) INC. REGISTERED NURSES ENTERPRISE BARGAINING AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 22 OCTOBER 2015

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

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (WA) Inc. Registered Nurses Enterprise Bargaining Agreement 2015 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Nursing and Midwifery Federation, 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 October 2015 and, in accordance with s.54, will operate from 29 October 2015. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Southern Cross Care (WA) Inc., the Fair Work Commission was called upon to decide on the approval of the Southern Cross Care (WA) Inc. Registered Nurses Enterprise Bargaining Agreement 2015. The application was brought forth by Southern Cross Care (WA) Inc., which sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the terms and conditions outlined in the proposed agreement were in compliance with the legislative requirements for enterprise agreements.

The legal issues the court had to resolve included whether the agreement contained the necessary minimum terms as specified in the Fair Work Act, and whether the agreement had been made in good faith and without coercion. The court also had to consider whether the process followed in reaching the agreement was fair and transparent. Furthermore, it needed to determine if the agreement adequately protected the rights of employees and provided for effective dispute resolution mechanisms.

In its decision, the Fair Work Commission examined the evidence presented and the arguments of both parties. The Commission found that the agreement met the statutory requirements and was made in good faith. It was satisfied that the process for negotiating the agreement was fair and transparent, and that the agreement provided for adequate protections for employees. The Commission also concluded that the agreement contained all the necessary minimum terms and provided for effective dispute resolution mechanisms. Based on these findings, the Commission approved the agreement.

As a result of the court's approval, the Southern Cross Care (WA) Inc. Registered Nurses Enterprise Bargaining Agreement 2015 was formally recognised and enforceable under the Fair Work Act. This decision underscores the importance of ensuring that enterprise agreements are negotiated fairly and comply with all statutory requirements to protect the interests of both employers and employees.

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