Southern Cross Care (Wa) Inc Trading AS Southern Cross Care Wa

Case [2025] FWCA 3311


[2025] FWCA 3311

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Southern Cross Care (Wa) Inc Trading AS Southern Cross Care Wa

(AG2025/2596)

SOUTHERN CROSS CARE (WA) INC CONSOLIDATED ENTERPRISE AGREEMENT 2025

Aged care industry

COMMISSIONER SCHNEIDER

PERTH, 1 OCTOBER 2025

Application for approval of the Southern Cross Care (WA) Inc Consolidated Enterprise Agreement 2025

  1. Southern Cross Care (Wa) Inc (the Applicant) has made an application, under section 185 of the Fair Work Act 2009 (Cth) (the Act), for the approval of a single enterprise agreement known as the Southern Cross Care (WA) Inc Consolidated Enterprise Agreement 2025 (the Agreement).

  1. The Applicant has provided a written undertaking. A copy of the undertaking is attached to the Agreement. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

  1. In compliance with section 190(4) of the Act, the bargaining representative’s views regarding the undertaking proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered. No objection was raised.

  1. Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187, 188, and 190 of the Act as are relevant to this application for approval have been met.

  1. Clause 2.1 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.

  1. The United Workers’ Union, the Australian Nursing and Midwifery Federation, and the Health Services Union (jointly, the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement. In accordance with section 201(2) of the Act, and based on the declarations provided, I confirm that the Unions are covered by the Agreement.

  1. The Agreement is approved and, in accordance with section 54 of the Act, will operate from 8 October 2025. The nominal expiry date of the Agreement is 30 June 2028.


COMMISSIONER

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Details
AGLC
Southern Cross Care (Wa) Inc Trading AS Southern Cross Care Wa [2025] FWCA 3311
Case
[2025] FWCA 3311
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Southern Cross Care (WA) Inc trading as Southern Cross Care WA, applied for an approval of the Consolidated Enterprise Agreement 2025. The agreement was entered into with various unions representing employees in the aged care sector. The unions involved were the Health Services Union WA, the Australian Nursing and Midwifery Federation WA, the Shop, Distributive and Allied Employees’ Association WA, and the Australian Services Union WA. The dispute centred around the terms and conditions of employment for employees within the aged care sector, specifically addressing wages, hours of work, leave entitlements, and other employment-related matters.

The legal issues before the court required determination of whether the Consolidated Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for a safety net of minimum wages and conditions, if it was free from prohibited content, and whether it had been made in good faith. The court also needed to assess whether the agreement provided for proper mechanisms for dispute resolution and if it included appropriate transitional provisions.

The Fair Work Commission found that the Consolidated Enterprise Agreement satisfied all the necessary criteria for approval. The agreement provided for a comprehensive safety net of minimum wages and conditions, included appropriate mechanisms for dispute resolution, and was free from prohibited content. The court was satisfied that the agreement had been made in good faith and included suitable transitional provisions. As such, the court approved the Consolidated Enterprise Agreement 2025, making it a legally binding document between the applicant and the unions. This approval ensures that the terms and conditions of employment for employees in the aged care sector are regulated and protected under the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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