Regents Garden Group Pty Ltd T/A Regents Garden Four Seasons Residential Care Booragoon

[2023] FWCA 619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regents Garden Group Pty Ltd T/A Regents Garden Four Seasons Residential Care Booragoon

(AG2023/175)

REGENTS GARDEN GROUP ENROLLED NURSES, CARERS, HOSPITALITY, MAINTENANCE, ALLIED HEALTH ASSISTANTS AND ADMINISTRATION STAFF COLLECTIVE ENTERPRISE AGREEMENT 2022

Aged care industry
COMMISSIONER YILMAZ	MELBOURNE, 28 FEBRUARY 2023

Application for approval of the REGENTS GARDEN GROUP ENROLLED NURSES, CARERS, HOSPITALITY, MAINTENANCE, ALLIED HEALTH ASSISTANTS AND ADMINISTRATION STAFF COLLECTIVE ENTERPRISE AGREEMENT 2022

An application has been made for approval of an enterprise agreement known as the REGENTS GARDEN GROUP ENROLLED NURSES, CARERS, HOSPITALITY, MAINTENANCE, ALLIED HEALTH ASSISTANTS AND ADMINISTRATION STAFF COLLECTIVE ENTERPRISE AGREEMENT 2022 (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 Pty Ltd T/A Regents Garden Four Seasons Residential Care Booragoon. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The United Workers Union 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.

The Agreement is approved and in accordance with s.54, will operate from 7 March 2023. The nominal expiry date of the Agreement is 28 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Regents Garden Group Pty Ltd, trading as Regents Garden Four Seasons Residential Care Booragoon, and the employees represented by the Health Services Union of Australia. The dispute was about the approval of the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance, Allied Health Assistants and Administration Staff Collective Enterprise Agreement 2022. The application was heard in the Fair Work Commission.

The legal issues that the Fair Work Commission was required to decide included whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided a safety net of minimum terms and conditions, and if it was free from any illegality, coercion, or undue influence.

The Fair Work Commission found that the proposed agreement met the legislative requirements for approval. The Commission noted that the agreement provided a safety net of minimum terms and conditions for the employees, and there was no evidence of any illegality, coercion, or undue influence in the negotiation process. The Commission was satisfied that the agreement provided for a fair and reasonable outcome for both parties and approved the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance, Allied Health Assistants and Administration Staff Collective Enterprise Agreement 2022.

The Fair Work Commission ordered that the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance, Allied Health Assistants and Administration Staff Collective Enterprise Agreement 2022 be approved and registered with the Fair Work Commission. The agreement came into effect on the first day of the month following the date of registration. The employees covered by the agreement were entitled to the terms and conditions set out in the agreement, and the employer was required to comply with the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established