Application for approval of the Southern Cross Care (SA, NT & VIC) Inc Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Southern Cross Care (SA, NT & VIC) Inc Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2025 (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 (SA, NT & VIC) Inc (the Applicant). The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being 'Southern Cross Care (SA, NT & VIC) Inc Nursing Employees - ANMF (Aged Care) Enterprise Agreement 2024'. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

[3] The copy of the Agreement filed with the application for approval did not contain a signature page compliant with s.185 of the Act and Regulation 2.06A of the Fair Work Regulations 2009. An amended signature page was later filed that met the requirements of the Act and Regulations. I consider it appropriate in the circumstances to allow the amendment pursuant to s. 586(a) of the Act.

[4] The Applicant has provided a written undertaking. 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.

[5] Subject to the undertaking referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] Noting clause 1.4.3 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Australian Nursing and Midwifery Federation (ANMF) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ANMF.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act from 18 November 2025. The nominal expiry date of the Agreement is 30 June 2027.

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