DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Southern Cross Care (WA) Inc
(AG2020/877)

SOUTHERN CROSS CARE (WA) INC. MENTAL HEALTH SERVICES ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 2 JUNE 2020

Application for approval of the Southern Cross Care (WA) Inc. Mental Health Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (WA) Inc. Mental Health Services Enterprise Agreement 2019 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[6] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[7] The United Workers’ Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[8] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 9 June 2020. The nominal expiry date of the Agreement is 8 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Southern Cross Care (WA) Inc sought approval of the Southern Cross Care (WA) Inc. Mental Health Services Enterprise Agreement 2019. The applicant, Southern Cross Care (WA) Inc., is an employer in the health care and social assistance industry, and the agreement pertains to its mental health services employees. The nature of the dispute was the application for the approval of the enterprise agreement by the Fair Work Commission, a federal statutory tribunal, under the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement met the formal requirements for approval, whether the agreement provided for a fair and reasonable process for determining employees' terms and conditions of employment, and whether the agreement provided for a fair and reasonable process for resolving disputes between the parties. The Commission also had to consider whether the agreement provided for a fair and reasonable process for addressing employees' health and safety concerns.

The Commission found that the agreement met the formal requirements for approval and provided for a fair and reasonable process for determining employees' terms and conditions of employment, including their pay rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties, including a process for conciliation and, if necessary, arbitration. The Commission noted that the agreement provided for a range of health and safety measures, including a duty of care for employees' health and safety, and a process for addressing health and safety concerns.

The Fair Work Commission approved the Southern Cross Care (WA) Inc. Mental Health Services Enterprise Agreement 2019. The Commission noted that the agreement provided for a fair and reasonable process for determining employees' terms and conditions of employment, including their pay rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement provided for a fair and reasonable process for resolving disputes between the parties, including a process for conciliation and, if necessary, arbitration. The Commission noted that the agreement provided for a range of health and safety measures, including a duty of care for employees' health and safety, and a process for addressing health and safety concerns. The Commission approved the agreement, subject to certain minor modifications to ensure that it met the requirements of the Fair Work Act 2009.

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