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[8]
austlii:cth/FWCA/2025/3311
General information, not legal advice.
FWCA
2025-10-01
Original judgment source is linked above.
s.185 - Enterprise agreement
Southern Cross Care (Wa) Inc Trading AS Southern Cross Care Wa
SOUTHERN CROSS CARE (WA) INC CONSOLIDATED ENTERPRISE AGREEMENT 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).
[2] 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.
[3] 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.
[4] 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.
[5] 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.
[6] 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.
[7] 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.
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