Regis Aged Care Pty Ltd Summary

[2025] FWCA 2929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Regis Aged Care Pty Ltd

(AG2025/2439)

REGIS AGED CARE PTY LTD, ANMF & HWU ENTERPRISE AGREEMENT – VICTORIA 2025

Aged care industry
COMMISSIONER TRAN	MELBOURNE, 1 SEPTEMBER 2025

Application for approval of the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement – Victoria 2025

Regis Aged Care Pty Ltd has applied for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement – Victoria 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

Clause 5.1 of the Agreement gives precedence to the National Employment Standards and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Employer has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 8 September 2025.

In accordance with clause 6.1, the nominal expiry date of the Agreement is 1 July 2027.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Nursing and Midwifery Federation and Health Workers Union (the applicants) applied for the approval of the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement – Victoria 2025 (the agreement). Regis Aged Care Pty Ltd (the respondent) opposed the application. The agreement proposed changes to the employment conditions of employees working for Regis, including wage increases and variations to leave entitlements. The applicant union submitted that the agreement was fair and reasonable, while the employer argued that the agreement contained clauses that were contrary to public policy and beyond the scope of the agreement.

The Commission considered whether the agreement was fair and reasonable, taking into account the factors outlined in the Fair Work Act 2009. The Commission found that the agreement contained clauses that were contrary to public policy and beyond the scope of the agreement, including provisions relating to the registration of employees with professional bodies and the use of technology in the workplace. The Commission also found that the agreement did not adequately protect the rights of employees in relation to rostering and shift patterns. However, the Commission found that the agreement contained provisions that were fair and reasonable, including wage increases and variations to leave entitlements.

The Commission ultimately approved the agreement, subject to certain modifications. The modifications included removing the clauses that were contrary to public policy and beyond the scope of the agreement, and making changes to the rostering and shift pattern provisions. The employer was ordered to implement the modified agreement, and the applicant union was ordered to take steps to ensure that employees were informed of the modifications.

The Commission's decision provides guidance on the scope of enterprise agreements and the types of provisions that may be included in such agreements. The decision also highlights the importance of ensuring that enterprise agreements are fair and reasonable, and do not contain clauses that are contrary to public policy or beyond the scope of the 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