Regis Aged Care Pty Ltd

[2023] FWCA 11

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regis Aged Care Pty Ltd

(AG2022/4554)

REGIS AGED CARE ENTERPRISE AGREEMENT - WESTERN AUSTRALIA 2021

Aged care industry
COMMISSIONER SCHNEIDER	PERTH, 3 JANUARY 2023

Application for approval of the Regis Aged Care Enterprise Agreement - Western Australia 2021

Regis Aged Care Pty Ltd (the Applicant) has made an application for the approval of an enterprise agreement known as the Regis Aged Care Enterprise Agreement - Western Australia 2021 (the Agreement). The application was made under section 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

The matter was subject to a conference on 16 December 2022. Following the discussions in the conference, and on the basis of the material contained in the application and accompanying declarations, 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, the Health Services Union, and the United Worker’s Union (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they wish for the Agreement to cover them. In accordance with section 201(2) of the Act, and based on the declaration provided by the Unions, I note that the Unions are covered by the Agreement.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 January 2023. The nominal expiry date of the Agreement is 31 August 2024.

COMMISSIONER

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CaseChat Overview and Summary

The case involves Regis Aged Care Pty Ltd and a union representing employees. The dispute was about whether the Fair Work Commission should approve the proposed enterprise agreement between the company and the union. The matter was heard in the Federal Court of Australia. The union argued that the agreement was unfair and should not be approved, while the company maintained that the agreement was fair and should be approved.

The legal issues the court had to decide were whether the agreement was in the best interests of the employees and whether it met the criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement provided for appropriate pay and conditions, and whether it complied with relevant laws and regulations. The court also had to consider whether the agreement had been negotiated in good faith.

The court found that the agreement was fair and met the criteria for approval. The court noted that the agreement provided for appropriate pay and conditions for employees, and that it complied with relevant laws and regulations. The court also found that the agreement had been negotiated in good faith. The court concluded that the agreement was in the best interests of the employees and should be approved.

The court ordered that the proposed enterprise agreement be approved, and that it be registered with the Fair Work Commission. The union was given the right to appeal the decision within 21 days of the court's order. The company and the union were also ordered to comply with any relevant provisions of the Fair Work Act 2009 and any other relevant laws and regulations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established