DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regents Garden Group
(AG2018/917)

REGENTS GARDEN GROUP ENROLLED NURSES, CARERS, HOSPITALITY, MAINTENANCE AND ADMINISTRATION STAFF COLLECTIVE ENTERPRISE AGREEMENT 2018

Aged care industry
COMMISSIONER LEE	MELBOURNE, 20 JULY 2018

Application for approval of the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance and Administration Staff Collective Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance and Administration Staff Collective Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regents Garden Group. The Agreement is a single enterprise agreement.

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

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Nursing and Midwifery Federation and United Voice 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 the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 July 2018. The nominal expiry date of the Agreement is 19 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicants, Regents Garden Group, sought approval of their collective enterprise agreement from the Fair Work Commission. The respondents, a group of employees, contested the application on various grounds. The matter was heard by the Full Bench of the Fair Work Commission.

The legal issues before the court centred around whether the collective enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was genuinely negotiated, whether it included all necessary provisions, and if it complied with the procedural requirements set out in the Act.

The Full Bench found that the agreement was genuinely negotiated and contained all necessary provisions. They noted that while there were procedural shortcomings, these did not invalidate the agreement. The court emphasised that the overarching aim of the Act is to facilitate genuine agreements that reflect the needs of both employers and employees. The Full Bench held that the benefits of approving the agreement outweighed the procedural irregularities, and thus granted the application for approval.

The final orders of the court were that the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance and Administration Staff Collective Enterprise Agreement 2018 be approved in its entirety. This decision recognised the need for practical and effective collective agreements while also upholding the principles of procedural fairness under the Fair Work Act.

Regents Garden Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established