Regis Aged Care Pty Ltd

[2021] FWC 6303

[2021] FWC 6303

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.318 - Application for an order relating to instruments covering new employer and transferring employees

Regis Aged Care Pty Ltd
(AG2021/7913)

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 12 NOVEMBER 2021

Application for an order relating to instruments covering new employer, transferring employees and non-transferring employees

[1] Regis Aged Care Pty Ltd (the Applicant) has made an application pursuant to s.318 and s.319 of the Fair Work Act 2009 (the Act) seeking an order from the Fair Work Commission (the Commission) relating to a transferrable instrument.

[2] The Applicant seeks the following orders:

1. The Lower Burdekin Home for the Aged Nurses Enterprise Agreement 2017 will not cover Regis Aged Care Pty Ltd and transferring employees.

2. In accordance with s.318(4) of the Act, these orders will come into effect from the day on which the order is made.

[3] The Applicant gave notice that one union was party to the Agreement, being Queensland Nurses and Midwives’ Union (the QNMU).

[4] A directions hearing was held on 28 October 2021. After this hearing I issued directions for the Applicant to serve a copy of the F40 Application on its employees as well as a copy of the attachments to the application and Directions. The Directions also provided that if the QNMU or any employees wished to be heard on the matter, they were to file any submissions and/or evidence in relation to the Application by close of business 8 November 2021.

[5] To date, no material has been received from the QNMU or any employees of the Applicant.

[6] Having considered the views of the new employer and the new employees, the Commission is satisfied that the requirements of s.318 and s.319 of the Act have been met. Orders will be issued with this decision.

COMMISSIONER

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