Regis Aged Care Pty Ltd

[2023] FWCA 1019

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Regis Aged Care Pty Ltd

(AG2023/42)

REGIS AGED CARE PTY LTD, ANMF & HWU ENTERPRISE AGREEMENT – VICTORIA 2022

Aged care industry
DEPUTY PRESIDENT BELL	MELBOURNE, 6 APRIL 2023

Application for approval of the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement – Victoria 2022.

An application has been made for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement – Victoria 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, 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. Pursuant to s.201(3), 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 Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Australian Nursing and Midwifery Federation (ANMF) and Health Services Union (HSU), being 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 Agreement was approved on 6 April 2023 and, in accordance with s.54 of the Act, will operate from 13 April 2023. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Regis Aged Care Pty Ltd sought approval of the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement – Victoria 2022. The application was made under section 233 of the Fair Work Act 2009. The respondents to the application were the Australian Nursing and Midwifery Federation (ANMF) and the Health Workers’ Union (HWU). The dispute centred on the terms and conditions of employment for the employees of Regis Aged Care Pty Ltd in Victoria, as outlined in the proposed enterprise agreement.

The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act, particularly in relation to the terms and conditions it proposed. The Commission had to determine if the agreement provided for a safety net of minimum wages and conditions, ensured procedural fairness in its creation, and did not contain any terms that were contrary to public policy or otherwise unlawful. Additionally, the Commission needed to assess if the agreement adequately protected the rights of employees and met the standards set by the Fair Work (Registered Organisations) Act 2009.

The Commission examined the provisions of the agreement and considered the submissions from the parties. It found that the agreement was procedurally sound, with the necessary steps taken to ensure the involvement of the employees in its development. The terms of the agreement were found to be fair and reasonable, providing a safety net of minimum wages and conditions that met the requirements of the Fair Work Act. The Commission also determined that the agreement did not contain any terms that were contrary to public policy or otherwise unlawful. Consequently, the Commission approved the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement – Victoria 2022, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established