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

Printed by authority of the Commonwealth Government Printer

Attachment A.

CaseChat Overview and Summary

Regis Aged Care Pty Ltd, trading as Regis Aged Care, sought approval of the Regis Aged Care Support Services Staff, Queensland Agreement 2018. The application was made to the Fair Work Commission. The dispute centred around whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the terms and conditions of employment for support services staff in Queensland.

The primary legal issues before the court were whether the agreement was a genuine enterprise agreement and if it complied with the procedural requirements under the Fair Work Act. The court had to consider whether the agreement was negotiated in good faith, if it was made without inappropriate interference, and if it was free from any contraventions of the Act. Additionally, the court examined whether the agreement provided appropriate protections and entitlements for the employees, ensuring fairness and compliance with minimum standards.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that met the necessary criteria under the Fair Work Act. The commission held that the agreement was negotiated in good faith, was free from any inappropriate interference, and complied with all procedural requirements. The court also determined that the agreement provided appropriate protections and entitlements for the employees, ensuring compliance with minimum standards and fairness in the workplace. Consequently, the commission approved the agreement, allowing it to take effect from the specified commencement date.

The final orders of the Fair Work Commission approved the Regis Aged Care Support Services Staff, Queensland Agreement 2018, subject to its terms and conditions. The agreement was to be registered with the Fair Work Commission, and the parties were directed to comply with its provisions.

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