Regis Aged Care Pty Ltd

[2018] FWCA 3575

[2018] FWCA 3575

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.222—Enterprise agreement

Regis Aged Care Pty Ltd
(AG2018/760)

PRESBYTERIAN CARE TASMANIA INCORPORATED NURSES ENTERPRISE AGREEMENT 2016

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

Application for termination of the Presbyterian Care Tasmania incorporated Nurses Enterprise Agreement 2016.

[1] On 1 March 2018, Regis Aged Care Pty Ltd (the Employer) filed an application pursuant to s.222 of the Fair Work Act 2009 (the Act)to terminate the Presbyterian Care Tasmania incorporated Nurses Enterprise Agreement 2016 (the Agreement).

[2] The Employer requested that the application be dealt with together with a related application to approve a new enterprise agreement, the Regis Aged Care, ANMF & HACSU Enterprise Agreement - Tasmania 2017 (the Replacement Agreement). On 19 June 2018 I issued a decision 1 to approve the Replacement Agreement which will commence operation on 26 June 2018.

[3] Section 223 of the Act sets out the conditions which must be met for an agreement to be terminated pursuant to s.222 of the Act:

“223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement.”

[4] The employee organisations covered by the Agreement, being the Health Services Union of Australia (the HSU) and the Australian Nursing and Midwifery Federation (the ANMF), were invited to provide their views regarding the application. The HSU submitted that, were the Replacement Agreement to be approved, they had no objection. No correspondence was received from the ANMF.

[5] Based on the material that is before me, including the Statutory Declaration sworn by Mr Anthony Barr, the National Workplace Relations Manager of the Employer, I am satisfied that the requirements of s.223 of the Act have been met.

[6] In accordance with s.224 of the Act, the termination will come into effect on 26 June 2018.

COMMISSIONER

 1   [2018] FWCA 3574

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