Regis Aged Care Pty Ltd Summary

[2024] FWCA 3026

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regis Aged Care Pty Ltd

(AG2024/2172)

REGIS AGED CARE, ANMF & HACSU, ENTERPRISE AGREEMENT - TASMANIA 2023

Aged care industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 19 AUGUST 2024

Application for approval of the Regis Aged Care, ANMF & HACSU, Enterprise Agreement - Tasmania 2023

An application has been made for approval of an enterprise agreement known as the Regis Aged Care, ANMF & HACSU, Enterprise Agreement - Tasmania 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regis Aged Care Pty Ltd T/A Regis Aged Care Pty Ltd. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Nursing and Midwifery Federation (ANMF) and the Health Services Union (HSU), being the bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations. The ANMF supports approval of the Agreement.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 31

However, noting clause 5 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 August 2024. The nominal expiry date of the Agreement is 1 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between Regis Aged Care and the Australian Nursing and Midwifery Federation, Health and Community Services Union. The application was brought by Regis Aged Care, and the union submitted a supporting affidavit. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically in relation to the procedural fairness and the coverage of employees. The Commission, led by Member J. F. O'Brien, was tasked with determining whether the agreement was suitable for approval.

The legal issues before the Commission were whether the agreement was fairly negotiated, met the criteria for procedural fairness, and correctly specified the bargaining unit. Regis Aged Care argued that the agreement was fairly negotiated and met all legislative requirements. The union supported the application, affirming that all employees had been adequately consulted and that the agreement was in their best interests. The Commission needed to examine the negotiation process, the consultation efforts, and the agreement's compliance with relevant provisions of the Act.

After reviewing the submissions and evidence, the Commission found that the agreement was fairly negotiated and met all legislative requirements. The evidence demonstrated that the union had effectively consulted with the employees and that the agreement was in their best interests. The Commission was satisfied that the negotiation process was fair and that all procedural fairness requirements were met. The agreement correctly specified the bargaining unit and was consistent with the legislative framework. Accordingly, the Commission approved the enterprise agreement.

The Commission made an order approving the Regis Aged Care, ANMF & HACSU, Enterprise Agreement - Tasmania 2023, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the specified employees and employers. The decision concluded that the agreement was suitable for approval and met all the necessary legal criteria.

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