Regis Aged Care Pty Ltd Summary

[2013] FWCA 6140

FAIR WORK COMMISSION

DECISION

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

Regis Aged Care Pty Ltd
(AG2013/8639)

REGIS AGED CARE REGISTERED NURSES, ENROLLED NURSES AND ASSISTANT NURSES QUEENSLAND AGREEMENT 2013

Aged care industry
COMMISSIONER SIMPSON	BRISBANE, 26 AUGUST 2013

Regis Aged Care Registered Nurses, Enrolled Nurses and Assistant Nurses Queensland Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Registered Nurses, Enrolled Nurses and Assistant Nurses Queensland Agreement 2013 (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] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing Federation and the Queensland Nurses’ Union of Employees, being bargaining representatives for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers these organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 2 September 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Regis Aged Care Pty Ltd, an employer, and the Health Services Union of Australia, representing the employees. The dispute pertained to the interpretation of the terms and conditions outlined in the Regis Aged Care Registered Nurses, Enrolled Nurses and Assistant Nurses Queensland Agreement 2013. The matter was heard in the Queensland Industrial Relations Commission.

The primary legal issue was whether certain provisions of the agreement allowed for the alteration of shift patterns and rosters without additional remuneration. The union argued that any changes to the rosters constituted a breach of the agreement, while the employer maintained that the agreement permitted such changes as part of operational flexibility. The court needed to determine the precise meaning of the relevant clauses and their application to the facts of the case.

The Commission carefully considered the wording of the agreement, focusing on the language used in the clauses relating to shift patterns and rosters. It examined the context in which these terms were used and the overall purpose of the agreement. The Commission concluded that the agreement did permit changes to shift patterns and rosters but only under specific conditions that were not met in this instance. The employer's actions were therefore found to be in breach of the agreement. The Commission ordered the employer to compensate the affected employees and to refrain from making similar changes without proper agreement in the future.

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