Regis Aged Care Pty Ltd Summary

[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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Regis Aged Care Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The enterprise agreement in question concerned the terms and conditions of employment for its in-home and centre-based services employees in Tasmania. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The decision involved assessing the fairness and compliance of the proposed agreement, particularly focusing on aspects such as pay rates, leave entitlements, and other employment conditions.

The key legal issues before the Fair Work Commission were whether the enterprise agreement provided for fair and reasonable terms and conditions, and whether it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission needed to examine if the agreement was free from any unfair provisions that could negatively impact the employees, and if it adhered to the procedural requirements outlined in the legislation. This included verifying that the agreement was genuinely negotiated between the employer and the employees' representatives, and that the employees had been adequately informed and consulted about the terms of the agreement.

In delivering its decision, the Fair Work Commission found that the enterprise agreement was fair and reasonable, and it complied with all statutory requirements. The Commission was satisfied that the agreement had been genuinely negotiated and that the employees had been properly consulted. The proposed terms and conditions of employment were deemed to be fair, providing adequate protection for the employees while balancing the interests of the employer. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's final order was that the Regis Aged Care Pty Ltd In-home and Centre Based Services (Tasmania) Enterprise Agreement 2024 be approved as a registered agreement under the Fair Work Act 2009. This approval means that the agreement will now govern the employment terms and conditions of the relevant employees, and it will be legally binding on both the employer and the employees.

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