DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis
(AG2014/10117)

REGIS AGED CARE PTY LTD, ANMF AND HSU VICTORIA AGREEMENT 2014

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 16 JANUARY 2015

Application for approval of the Regis Aged Care Pty Ltd, ANMF and HSU Victoria Agreement 2014.

[1] On 28 November 2014 Regis Aged Care Pty Ltd (Applicant) made an application for approval of the Regis Aged Care Pty Ltd, ANMF and HSU Victoria Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Australian Nursing and Midwifery Federation, 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 23 January 2015. The nominal expiry date of the Agreement is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involved an application by Regis Aged Care Pty Ltd, trading as Regis, for the approval of a proposed agreement with the Australian Nursing and Midwifery Federation and Health Services Union Victoria. The agreement, known as the Regis Aged Care Pty Ltd, ANMF and HSU Victoria Agreement 2014, was intended to govern the employment conditions of nursing staff within the aged care facilities operated by Regis. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including the necessity for it to meet the "better off overall test" and be free from prohibited content.

The legal issues that the commission had to resolve were whether the proposed agreement provided employees with outcomes that were at least as good as their current conditions or the relevant award, and whether the agreement contained any provisions that were prohibited by the Act. The commission needed to examine the provisions of the agreement in detail to determine if they met the statutory criteria for approval, including assessing if the agreement was made in good faith and if it provided for a fair and efficient means of resolving disputes.

The commission conducted a thorough analysis of the proposed agreement, considering the submissions from the parties involved. It found that the agreement was made in good faith and provided for a fair and efficient means of resolving disputes. Furthermore, the commission determined that the agreement satisfied the better off overall test, as it provided employees with outcomes that were at least as good as their current conditions or the relevant award. The commission also confirmed that the agreement did not contain any provisions that were prohibited by the Act. Consequently, the commission approved the Regis Aged Care Pty Ltd, ANMF and HSU Victoria Agreement 2014, determining that it met the necessary legal standards for approval.

The final orders of the commission included the approval of the proposed agreement, which would now govern the employment conditions of nursing staff within the aged care facilities operated by Regis, subject to the terms and conditions set out in the agreement. The approval was contingent on the agreement being registered with the Fair Work Commission, and the commission also directed that the agreement be published in accordance with the requirements of the Act.

Regis Aged Care Pty Ltd T/A Regis

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established