Regis Aged Care Pty Ltd

[2025] FWCA 1650

[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.

1. 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.

1. The Agreement is a single enterprise agreement.

1. 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.

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

1. 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.

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

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

Variation under s 218A

1. 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.

1. 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)”.

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

1. 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.

1. 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

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