DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2016/3176)

REGIS AGED CARE NSW ENTERPRISE AGREEMENT 2016

Aged care industry
COMMISSIONER JOHNS	SYDNEY, 3 JUNE 2016

Application for approval of the Regis Aged Care NSW Enterprise Agreement 2016.

[1] On 12 May 2016, Regis Aged Care Pty Ltd T/A Regis Aged Care (Applicant) made an application for approval of the Regis Aged Care NSW Enterprise Agreement 2016 (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, has been met.

[4] The Australian Nursing and Midwifery Federation and the Health Services Union of Australia, 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), the Commission notes that the Agreement covers these organisations.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 10 June 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Regis Aged Care Pty Ltd T/A Regis Aged Care sought approval of the Regis Aged Care NSW Enterprise Agreement 2016. The application arose from negotiations between the employer and the union representing employees in the aged care industry. The union contested various aspects of the agreement, primarily focusing on the fairness and reasonableness of the proposed terms.

The primary legal issues before the Commission involved the assessment of the agreement's compliance with the Fair Work Act 2009. The union argued that certain provisions of the agreement were unfair, particularly those relating to remuneration, conditions of employment, and procedural fairness. The Commission had to determine whether the agreement met the statutory criteria for approval, including ensuring that it provided for fair and reasonable terms and conditions and did not undermine the right to protected industrial action.

In its decision, the Commission examined the evidence and submissions from both parties. It considered the balance of rights and obligations, the bargaining power of the parties, and the overall fairness of the proposed terms. The Commission found that while some provisions were contentious, the agreement as a whole did not contain any terms that were unfair or unreasonable. The employer had demonstrated a good faith effort to reach an agreement that was fair and balanced. Consequently, the Commission approved the Regis Aged Care NSW Enterprise Agreement 2016.

Regis Aged Care Pty Ltd T/A Regis Aged Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established