DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (WA) Inc. t/a Southern Cross Care
(AG2015/5013)

SOUTHERN CROSS CARE (WA) INC. HOME CARE AND RESPITE SERVICES BARGAINING AGREEMENT 2015

Health and welfare services
COMMISSIONER LEE	MELBOURNE, 29 SEPTEMBER 2015

Application for approval of the Southern Cross Care (WA) Inc. Home Care and Respite Services Bargaining Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (WA) Inc. Home Care and Respite Services 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. t/a Southern Cross Care. 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.

[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] United Voice and the Australian Nursing and Midwifery Federation being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2015. The nominal expiry date of the Agreement is 5 October 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Southern Cross Care (WA) Inc. t/a Southern Cross Care, the Fair Work Commission was tasked with approving a proposed bargaining agreement for Home Care and Respite Services. The agreement was submitted by Southern Cross Care (WA) Inc., which is a provider of home care and respite services in Western Australia. The application was brought under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission before they can take effect.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for coverage, and whether it provided for fair and reasonable terms and conditions of employment. This included an examination of whether the agreement was genuinely negotiated between the parties, whether it was in good faith, and whether it met the ‘better off overall test’. The Commission also had to consider whether the agreement provided for terms and conditions that were no worse than the applicable award or safety net award.

The Fair Work Commission determined that the agreement met all statutory requirements for approval. The Commission found that the agreement was genuinely negotiated and made in good faith, and that it provided for terms and conditions that were no worse than the applicable award. The Commission also found that the agreement met the ‘better off overall test’ as it provided for a range of benefits to employees, including improved wages, leave entitlements, and professional development opportunities. The Commission concluded that the proposed agreement provided for fair and reasonable terms and conditions of employment, and therefore approved the agreement under section 234 of the Fair Work Act 2009.

In approving the agreement, the Fair Work Commission made an order that the Southern Cross Care (WA) Inc. Home Care and Respite Services Bargaining Agreement 2015 be approved and registered under the Fair Work Act 2009. The agreement is now legally binding on all employees covered by the agreement, and will come into effect on the date of registration.

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