Regis Aged Care Pty Ltd
[2024] FWCA 4120
•26 NOVEMBER 2024
| [2024] FWCA 4120 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Regis Aged Care Pty Ltd
(AG2024/3912)
REGIS AGED CARE PTY LTD IN-HOME AND CENTRE BASED SERVICES (TASMANIA) ENTERPRISE AGREEMENT 2024
| Aged care industry | |
| COMMISSIONER CRAWFORD | SYDNEY, 26 NOVEMBER 2024 |
Application for approval of the Regis Aged Care Pty Ltd In-home and Centre Based Services (Tasmania) Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd In-home and Centre Based Services (Tasmania) Enterprise Agreement 2024 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act). It has been made by Regis Aged Care Pty Ltd (Applicant). The Agreement is a single enterprise agreement.
The Applicant 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 ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
Noting clause 5 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.
The Health Services Union (HSU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the HSU.
The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 September 2026.
COMMISSIONER
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