DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd
(AG2018/754)

REGIS AGED CARE, ANMF & HACSU ENTERPRISE AGREEMENT - TASMANIA 2017

Health and welfare services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 19 JUNE 2018

Application for approval of the Regis Aged Care, ANMF & HACSU Enterprise Agreement - Tasmania 2017.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care, ANMF & HACSU Enterprise Agreement - Tasmania 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regis Aged Care Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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 the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 19 June 2018 and, in accordance with s.54, will operate from 26 June 2018. The nominal expiry date of the Agreement is 31 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regis Aged Care Pty Ltd was the subject of an application before the Fair Work Commission (FWC) to approve the Regis Aged Care, ANMF & HACSU Enterprise Agreement - Tasmania 2017. The dispute centred on the terms and conditions of employment for workers in the aged care sector in Tasmania, as proposed in the enterprise agreement. The FWC was required to determine whether the agreement met the requirements of the Fair Work Act 2009.

The central legal issues the FWC had to address involved whether the agreement complied with the statutory criteria for approval, including whether it promoted simplification and clarity of workplace arrangements, facilitated productivity improvements, and provided for genuine bargaining. Additionally, the FWC had to ensure that the agreement did not undermine the protection of employee entitlements and that it was fair and reasonable.

In delivering its decision, the FWC considered the evidence provided by the parties and examined the proposed terms and conditions in the context of the statutory requirements. The FWC found that the agreement effectively promoted simplification and clarity, facilitated productivity improvements, and demonstrated genuine bargaining. The FWC also concluded that the agreement did not undermine the protection of employee entitlements and was fair and reasonable. Consequently, the FWC approved the enterprise agreement.

The FWC's final order was the approval of the Regis Aged Care, ANMF & HACSU Enterprise Agreement - Tasmania 2017, effective from the date of the decision. This approval meant that the terms and conditions set out in the agreement would be legally binding on the parties involved.

Regis Aged Care Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established