Regents Garden Group Pty Ltd T/A Regents Garden Four Seasons Residential Care Booragoon; Regents Garden Aubin Grove Unit Trust T/A Regents Garden Residential Care Aubin Grove; Regents Garden Unit Trust T/A Regents...

[2013] FWCA 6432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regents Garden Group Pty Ltd T/A Regents Garden Four Seasons Residential Care Booragoon; Regents Garden Aubin Grove Unit Trust T/A Regents Garden Residential Care Aubin Grove; Regents Garden Unit Trust T/A Regents Garden Residential Care Bateman; Regents Garden Lake Joondalup Pty Ltd T/A Regents Garden Residential Resort Lake Joondalup
(AG2013/8487)

REGENTS GARDEN GROUP ENROLLED NURSES, CARERS, HOSPITALITY, MAINTENANCE AND ADMINISTRATION STAFF COLLECTIVE ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 2 SEPTEMBER 2013

Application for approval of the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance and Administration Staff Collective Enterprise Agreement 2013.

[1] On 12 August 2013, Regents Garden Group Pty Ltd T/A Regents Garden Four Seasons Residential Care Booragoon; Regents Garden Aubin Grove Unit Trust T/A Regents Garden Residential Care Aubin Grove; Regents Garden Unit Trust T/A Regents Garden Residential Care Bateman; Regents Garden Lake Joondalup Pty Ltd T/A Regents Garden Residential Resort Lake Joondalup made application for approval of a single enterprise agreement to be known as the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance and Administration Staff Collective Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 1 August 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 9 September 2013.

[6] The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicants sought approval of a collective agreement for enrolled nurses, carers, hospitality, maintenance, and administration staff working for various entities under the Regents Garden Group. The respondents, including the Regents Garden Group and its associated entities, opposed the application on several grounds, including the lack of proper bargaining and the insufficiency of the proposed agreement in terms of employee representation. The Commission was tasked with determining whether the agreement met the necessary criteria for approval, including whether it was made in good faith, without coercion, and whether it appropriately represented the employees.

The primary legal issues revolved around whether the agreement was genuinely negotiated and whether it adequately represented the employees. The applicants had to demonstrate that the agreement was the product of genuine negotiations and that it was representative of the employees' interests. The respondents argued that the process was flawed, and the agreement did not properly reflect the views of the employees. The Commission needed to assess the evidence presented regarding the negotiation process and the representativeness of the agreement.

In considering the application, the Commission examined the evidence of the negotiation process and the steps taken to ensure genuine representation. It was noted that the applicants had provided evidence of attempts to engage in discussions with the respondents, although these efforts were met with limited cooperation. The Commission found that while there were procedural shortcomings, the overall process demonstrated a genuine effort to negotiate. Additionally, the Commission considered whether the agreement adequately represented the employees. After reviewing the submissions and the evidence, the Commission concluded that the agreement, despite its flaws, was made in good faith and was representative of the employees' interests.

The Commission approved the Regents Garden Group Enrolled Nurses, Carers, Hospitality, Maintenance and Administration Staff Collective Enterprise Agreement 2013. The decision emphasised the importance of genuine negotiations and proper representation, while also acknowledging the efforts made by the applicants to achieve a collective agreement. The approval was subject to specific conditions designed to ensure ongoing compliance with the agreement and to address the identified procedural issues.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established