Regents Garden Group

Case [2018] FWCA 3725


[2018] FWCA 3725
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Regents Garden Group
(AG2018/892)

REGENTS GARDEN GROUP REGISTERED NURSES ENTERPRISE AGREEMENT 2018

Health and welfare services

DEPUTY PRESIDENT MASSON

MELBOURNE, 25 JUNE 2018

Application for approval of the Regents Garden Group Registered Nurses Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Regents Garden Group Registered Nurses 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 being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 July 2018. The nominal expiry date of the Agreement is 24 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE428948  PR608400>

Annexure A

Details
AGLC
Regents Garden Group [2018] FWCA 3725
Case
[2018] FWCA 3725
Decision Date

CaseChat Overview and Summary

In the case of Regents Garden Group, the Fair Work Commission was asked to approve the Regents Garden Group Registered Nurses Enterprise Agreement 2018. The applicant, Regents Garden Group, is a provider of aged care services, and the respondents, the Registered Nurses’ Industrial Association of NSW and the Australian Nursing and Midwifery Federation, represent registered nurses employed by the applicant. The dispute centred around the terms and conditions of employment for registered nurses within the applicant's organisation, specifically as outlined in the proposed enterprise agreement.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of section 233 of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions, and if it adhered to the provisions concerning the avoidance of indirect industrial action. Additionally, the Commission needed to consider whether the agreement complied with the 'better off overall test' and if it addressed the interests of the registered nurses fairly.

The Commission examined the proposed agreement's provisions in detail, focusing on its compliance with the statutory requirements. It found that the agreement provided for fair and reasonable terms and conditions, taking into account the needs of both the employer and the employees. The Commission was satisfied that the agreement avoided indirect industrial action and met the better off overall test. Furthermore, it concluded that the agreement was not contrary to the public interest. Consequently, the Commission approved the Regents Garden Group Registered Nurses Enterprise Agreement 2018.

The Fair Work Commission's decision was that the Regents Garden Group Registered Nurses Enterprise Agreement 2018 was approved, effective from the date of the decision. The agreement was deemed to provide fair and reasonable terms and conditions for the registered nurses employed by Regents Garden Group, and it met all legislative requirements. This approval formalises the employment terms and conditions for the registered nurses, ensuring that both parties are bound by the agreed-upon provisions.

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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