Regents Garden Group Pty Ltd T/A Regents Garden Group

[2025] FWCA 985

[2025] FWCA 985

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regents Garden Group Pty Ltd T/A Regents Garden Group

(AG2025/417)

REGENTS GARDEN GROUP GENERAL STAFF ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER HUNT	BRISBANE, 21 MARCH 2025

Application for approval of the Regents Garden Group General Staff Enterprise Agreement 2024

1. Regents Garden Group Pty Ltd T/A Regents Garden Group (the Employer) has applied for approval of an enterprise agreement known as the Regents Garden Group General Staff Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, commencing operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 10 November 2023 and the Agreement was made on 7 February 2025. Accordingly, the genuine agreement requirements and the better off overall test requirements are those applying on and from 6 June 2023.

1. The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the United Workers’ Union (UWU), the Australian Nursing and Midwifery Federation (ANMF) and employee bargaining representatives regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. The UWU expressed certain concerns with the undertakings, and the Employer subsequently provided revised undertakings. No views were received in respect of the revised undertakings.

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I indicated to the Employer my view that the Agreement did not contain a flexibility term as required by s.202 of the Act, and that in the event of approval, the model flexibility term would be inserted into the Agreement. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations) is attached to the Agreement and taken to be a term of it.

1. I indicated to the Employer my view that the Agreement’s existing consultation term did not meet the requirements of s.205 of the Act, and that in the event of approval, the model consultation term will be inserted into the Agreement. Pursuant to s.205(2) of the Act, the model consultation term prescribed by Schedule 2.3 of the Regulations is attached to the Agreement and taken to be a term of it.

1. I have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The UWU and the ANMF, each being bargaining representatives for the Agreement, have given notice under s.183 that that they want to be covered by the Agreement. In accordance with s.201(2) of the Act I note that the Agreement covers the UWU and the ANMF.

1. 
   The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2025. The nominal expiry date of the Agreement is 28 February 2028.

COMMISSIONER

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Annexure A – Undertakings