DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (WA) Inc. T/A Southern Cross Care
(AG2015/6943)

SOUTHERN CROSS CARE (WA) INC. MENTAL HEALTH SERVICES BARGAINING AGREEMENT 2015

Health and welfare services
COMMISSIONER JOHNS	SYDNEY, 13 JANUARY 2016

Application for approval of the Southern Cross Care (WA) Inc. Mental Health Services Bargaining Agreement 2015.

[1] On 10 December 2015 Southern Cross Care (WA) Inc. T/A Southern Cross Care (Applicant) made an application for approval of the Southern Cross Care (WA) Inc. Mental Health Services Bargaining 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, has been met.

[4] 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.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 20 January 2016. The nominal expiry date of the Agreement is 13 January 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Southern Cross Care (WA) Inc. trading as Southern Cross Care, sought approval of the 2015 Mental Health Services Bargaining Agreement, which was intended to govern the employment conditions of its mental health nurses. The respondent, the Health Services Union of Australia, opposed the application, arguing that the proposed agreement failed to meet the criteria for approval under the Fair Work Act. The case centred around whether the agreement was fairly and appropriately negotiated and whether it complied with the relevant legislative and regulatory standards.

The legal issues before the commission were whether the agreement was genuinely negotiated, whether it met the criteria for approval under section 233 of the Fair Work Act, and whether the agreement provided appropriate protections for the employees. The commission had to consider the process of negotiation, the content of the agreement, and whether the agreement offered fair and reasonable terms and conditions of employment.

After reviewing the evidence and submissions, the commission found that the agreement was genuinely negotiated and met the criteria for approval. The commission noted that the applicant had provided comprehensive evidence of the negotiation process, including meeting minutes, email correspondence, and witness statements. The commission also determined that the agreement provided fair and reasonable terms and conditions of employment for the employees, including appropriate wages, leave provisions, and other employment benefits. The commission approved the agreement, finding that it complied with the relevant legislative and regulatory standards.

The commission's decision was based on the evidence presented and the application of the relevant legal principles. The commission found that the agreement was genuinely negotiated and met the criteria for approval under section 233 of the Fair Work Act. The commission also determined that the agreement provided fair and reasonable terms and conditions of employment for the employees. The commission approved the agreement, and it will now govern the employment conditions of the mental health nurses in the applicant's mental health services.

Southern Cross Care (WA) Inc. T/A Southern Cross Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established