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... Summary

[2013] FWCA 6417

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
(AG2013/8488)

REGENTS GARDEN GROUP REGISTERED NURSES ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER CLOGHAN	PERTH, 2 SEPTEMBER 2013

Application for approval of the Regents Garden Group Registered Nurses 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 Registered Nurses 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Regents Garden Group Pty Ltd and its associated entities, sought approval of the Regents Garden Group Registered Nurses Enterprise Agreement 2013 from the Fair Work Commission. The respondents, various registered nurses employed by the applicants, contested the application on several grounds. The case was heard in the Fair Work Commission, an Australian federal statutory body with jurisdiction over industrial relations matters. The primary issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly concerning the terms and conditions of employment for registered nurses.

The Commission examined whether the agreement appropriately addressed the terms of employment, including wages, hours of work, leave provisions, and other conditions that are necessary for the proper operation of the enterprise. A key consideration was whether the agreement provided fair and reasonable terms that took into account the needs of both the employers and the employees. The Commission also assessed whether the agreement was made in good faith and whether it complied with procedural requirements, such as proper notification and opportunity for consultation with the relevant employee representatives.

After a thorough analysis of the submissions and evidence presented, the Fair Work Commission determined that the Regents Garden Group Registered Nurses Enterprise Agreement 2013 was fair and reasonable. The Commission found that the agreement appropriately balanced the interests of the employers and employees, and it met the legislative requirements set out in the Fair Work Act 2009. Consequently, the Commission approved the agreement, and the respondents' objections were dismissed. The decision was made in the interest of maintaining harmonious industrial relations and ensuring that the terms of employment were fair and just for all parties involved.

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...

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established