DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2020/11)

REGIS AGED CARE PTY LTD NSW ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2020

Application for approval of the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Regis Aged Care Pty Ltd T/A Regis Aged Care. The Agreement is a single enterprise agreement.

[2] 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. The undertakings are taken to be a term of the agreement.

[3] 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.

[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) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2020. The nominal expiry date of the Agreement is 30 September 2022.

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, trading as Regis Aged Care, applied for the approval of the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018. The applicant, a provider of aged care services, sought the Commission's endorsement of the agreement, which aimed to establish terms and conditions for its employees within the NSW jurisdiction. The primary dispute centred around the appropriateness and fairness of the proposed agreement, including matters such as wages, working conditions, and dispute resolution mechanisms.

The court had to address several legal issues, including whether the agreement was genuinely negotiated between the employer and the employees' representatives, if it provided for minimum entitlements as outlined by the Fair Work Act 2009, and if the agreement adhered to the principles of good faith bargaining and procedural fairness. Additionally, the court examined if the agreement contained provisions that were contrary to public policy or if it unfairly disadvantaged any group of employees.

The Fair Work Commission carefully considered the evidence presented by both parties and evaluated the negotiation process and the content of the agreement. The Commission found that the agreement was genuinely negotiated and did not contravene any statutory provisions or public policy. The court acknowledged the efforts made by the employer to ensure fair and comprehensive terms for its employees. Consequently, the Fair Work Commission approved the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018, confirming its compliance with the relevant legislative framework.

The Commission's decision was made under the authority of the Fair Work Act 2009 and was based on the evidence and submissions provided during the hearing. The approval of the agreement ensures that the terms and conditions for employees of Regis Aged Care are regulated in a fair and lawful manner, providing certainty and protection for both the employer and employees.

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