Regis Aged Care Pty Ltd T/A Regis Aged Care

[2020] FWCA 5822

[2020] FWCA 5822

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2020/3069)

REGIS AGED CARE SUPPORT SERVICES STAFF, QUEENSLAND AGREEMENT 2018

Aged care industry
COMMISSIONER BOOTH	BRISBANE, 30 OCTOBER 2020

Application for approval of the Regis Aged Care Support Services Staff, Queensland Agreement 2018.

[1] An application has been made under s.185 of the Fair Work Act 2009 (the Act) by Regis Aged Care Pty Ltd (the Applicant) for approval of the Regis Aged Care Support Services Staff, Queensland Agreement 2018 (the Agreement). The Agreement is a single enterprise agreement.

[2] Mr Stephen Baker, Branch Secretary (Queensland) of the Australian Workers’ Union (AWU), filed a Form F18 in this matter, advising that the AWU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[3] Ms Sharron Caddie, Executive Director of the United Workers Union (UWU), filed a Form F18 in this matter, advising that the UWU supports approval of the Agreement by the Commission, and providing notice under s.183 of the Act that it wants the Agreement to cover it.

[4] Correspondence was sent to the Applicant on 27 October 2020, raising certain concerns in relation to the Agreement and seeking responses and undertakings from the Applicant. The Applicant filed undertakings addressing the concerns raised on 28 October 2020. The AWU and UWU were provided with copies of the proposed undertakings.

[5] The matter was listed for eHearing at 10:00 am on 30 October 2020. Any interested parties wishing to be heard in relation to the Agreement were directed to contact my Chambers to be heard. On 29 October 2020, the UWU contacted my Chambers to advise that it did not wish to be heard and it was satisfied with the proposed undertakings. On the 29 October 2020, the AWU also contacted my Chambers to advise that it did not wish to be heard and it was satisfied with the proposed undertakings.
[6] The undertakings meet the requirements of s.190(3) of the Act and I have accepted them. As a result, the undertakings are then to be a term of the Agreement and are attached to this Decision as Attachment A.

[7] Subject to the matter raised at paragraph [6], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval had been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 November 2020. The nominal expiry date is 31 December 2022.

COMMISSIONER

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Attachment A.