Regis Aged Care Pty Ltd Summary

[2013] FWCA 10142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regis Aged Care Pty Ltd
(AG2013/12042)

REGIS AGED CARE, ANMF SOUTH AUSTRALIA AND UNITED VOICE SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2013

Aged care industry
COMMISSIONER HAMPTON	ADELAIDE, 23 DECEMBER 2013

Application for approval of the Regis Aged Care, ANMF South Australia and United Voice South Australia Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care, ANMF South Australia and United Voice South Australia Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Regis Aged Care Pty Ltd. The Agreement is a single-enterprise agreement.

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

[3] The Australian Nursing and Midwifery Federation and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that each wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2013. The nominal expiry date of the Agreement is 30 September 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regis Aged Care Pty Ltd, along with the Australian Nursing and Midwifery Federation South Australia and United Voice South Australia, sought approval for their 2013 Enterprise Agreement in the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The tribunal was tasked with determining whether the agreement satisfied the "better off overall test" and was consistent with the national employment standards and other applicable laws.

The primary legal issues involved assessing whether the proposed agreement ensured employees were no worse off and were, in fact, better off overall than they would be under applicable awards. The tribunal also considered whether the agreement complied with the national employment standards and did not undermine public policy or the enforcement of workplace laws. This required a detailed examination of the terms of the agreement, including wages, working conditions, and other employment-related matters.

The Fair Work Commission found that the proposed agreement did meet the better off overall test and was consistent with the national employment standards. The tribunal was satisfied that the agreement provided for fair and reasonable terms and conditions of employment without undermining public policy or the enforcement of workplace laws. Consequently, the agreement was approved.

The final orders included the approval of the Regis Aged Care, ANMF South Australia and United Voice South Australia Enterprise Agreement 2013, with the tribunal's approval being subject to compliance with the Fair Work Act 2009 and its regulations. The agreement was to take effect from the date of the commission's decision, and the parties were directed to take all necessary steps to give effect to the approved agreement.

Regis Aged Care Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established