Regis Aged Care Pty Ltd

[2023] FWCA 1257

[2023] FWCA 1257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regis Aged Care Pty Ltd

(AG2022/5587)

REGIS AGED CARE REGISTERED NURSES, ENROLLED NURSES AND ASSISTANTS IN NURSING QUEENSLAND AGREEMENT 2022

Aged care industry
COMMISSIONER HUNT	BRISBANE, 3 MAY 2023

Application for approval of the Regis Aged Care Registered Nurses, Enrolled Nurses and Assistants in Nursing Queensland Agreement 2022

1. Regis Aged Care Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the Regis Aged Care Registered Nurses, Enrolled Nurses and Assistants in Nursing Queensland Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

1. The Fair Work Commission (the Commission) and the Australian Nursing and Midwifery Federation (ANMF) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer provided detailed responses to each concern. The Employer and the ANMF continued discussions in respect of undertakings the Employer was prepared to give.  

1. Final undertakings were offered by the Employer, which the ANMF has advised it is content with.  Section 190(4) of the Act has been met by obtaining the views of the ANMF in respect of the undertakings given by the Employer in this matter.  

1. 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

1. I have taken into consideration the material filed in the Commission. 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 Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The ANMF being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the ANMF.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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Annexure A – Undertakings