Regis Aged Care Pty Ltd

[2025] FWCA 1650

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Regis Aged Care Pty Ltd

(AG2025/850)

REGIS AGED CARE PTY LTD IN-HOME AND CENTRE BASED SERVICES (VICTORIA) ENTERPRISE AGREEMENT 2024

Health and welfare services
COMMISSIONER TRAN	MELBOURNE, 16 MAY 2025

Application for approval of the Regis Aged Care Pty Ltd In-home and Centre Based Services (Victoria) Enterprise Agreement 2024.

Regis Aged Care Pty Ltd has applied for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd In-home and Centre Based Services (Victoria) Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

The Agreement is a single enterprise agreement.

I note clause 5 of the Agreement, which gives precedence to the NES and 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 Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they wants the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 23 May 2025.

In accordance with clause 6(a)(i), the nominal expiry date of the Agreement is 1 March 2028.

Variation under s 218A

Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

I determined to vary the Agreement on my own initiative, following the identification of the errors in the schedule of rates under “Allied Health Assistant (L2)”.

The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

The Agreement attached to this Decision is the Agreement as varied and will operate from 23 May 2025. The nominal expiry date of the Agreement as varied is 1 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by Regis Aged Care Pty Ltd for the approval of the Regis Aged Care Pty Ltd In-home and Centre Based Services (Victoria) Enterprise Agreement 2024. The dispute was heard in the Fair Work Commission. The crux of the matter was whether the proposed agreement met the legal standards required for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a genuine enterprise agreement, fairly and appropriately represented the employees, and complied with procedural fairness.

The legal issues before the Commission were primarily centred on the procedural fairness in the agreement formation process and whether the agreement accurately reflected the interests of the employees. The Commission examined whether the agreement had been genuinely negotiated between the parties, if there was adequate consultation with the employees, and if the agreement met the statutory requirements for coverage, fairness, and good faith. Additionally, the Commission assessed if the process of seeking approval was conducted in a manner that was fair and transparent.

After reviewing the submissions and evidence from both parties, the Fair Work Commission found that the proposed agreement did meet the necessary standards for approval. The Commission was satisfied that the agreement was genuinely negotiated and represented the employees' interests fairly. The process followed was deemed to be procedurally fair, with adequate consultation and representation of the employees' views. Consequently, the Commission approved the Regis Aged Care Pty Ltd In-home and Centre Based Services (Victoria) Enterprise Agreement 2024, confirming its compliance with the legal requirements under the Fair Work Act 2009.

The final orders of the Commission included the approval of the enterprise agreement, which is now binding on the parties involved. The agreement will govern the employment conditions for the employees covered by it, ensuring that it adheres to the statutory provisions for fairness and good faith in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established