Regents Garden Group Pty Ltd T/A Regents Garden Group Summary

[2022] FWCA 3910

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regents Garden Group Pty Ltd T/A Regents Garden Group

(AG2022/4432)

Regents Garden Group Registered Nurses and Allied Health Professionals Enterprise Agreement 2022

Aged care industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 NOVEMBER 2022

Application for approval of the REGENTS GARDEN GROUP REGISTERED NURSES AND ALLIED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2022

An application has been made for approval of an enterprise agreement known as the REGENTS GARDEN GROUP REGISTERED NURSES AND ALLIED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 November 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Regents Garden Group Pty Ltd, trading as Regents Garden Group, for the approval of the Regents Garden Group Registered Nurses and Allied Health Professionals Enterprise Agreement 2022. The application was heard in the Fair Work Commission. The dispute centred on the terms of the enterprise agreement, which the applicant sought to have approved by the Commission under section 233 of the Fair Work Act 2009. The primary concern was whether the agreement met the requirements of the Act and if it was in the best interest of the employees.

The legal issues the court had to decide included whether the agreement was a "better off overall test" agreement, as required by the Fair Work Act. This involved assessing whether the proposed agreement was likely to provide a net benefit to the employees compared to their current conditions of employment. The court also needed to consider whether the agreement complied with all relevant provisions of the Fair Work Act, including those relating to the protection of vulnerable employees.

The Fair Work Commission found that the proposed agreement met the "better off overall test" and was likely to provide a net benefit to the employees. The Commission also determined that the agreement was compliant with all relevant provisions of the Fair Work Act. The Commission noted that the agreement included provisions for fair and reasonable terms and conditions of employment, and that it provided for appropriate mechanisms to address any future disputes. Consequently, the Commission approved the Regents Garden Group Registered Nurses and Allied Health Professionals Enterprise Agreement 2022.

The final orders of the Commission were that the Regents Garden Group Registered Nurses and Allied Health Professionals Enterprise Agreement 2022 be approved as a registered agreement under section 178 of the Fair Work Act. The agreement was to be registered on the Commission’s register of approved agreements and would be in effect from the date of the Commission’s approval.

Regents Garden Group Pty Ltd T/A Regents Garden Group

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established