DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2018/5594)

REGIS AGED CARE PTY LTD, ANMF & HWU ENTERPRISE AGREEMENT – VICTORIA 2017

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MARCH 2019

Application for approval of the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement - Victoria 2017.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement - Victoria 2017 (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.

[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 3 April 2019. The nominal expiry date of the Agreement is 1 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Regis Aged Care Pty Ltd, the Australian Nursing and Midwifery Federation (ANMF), and the Health Workers' Union (HWU). The matter was heard in the Fair Work Commission, specifically the Full Bench, which comprised of Senior Member M. J. Ryan, Deputy President S. J. Madgwick, and Senior Member A. J. Edwards. The primary dispute centred on the terms and conditions of employment for aged care workers in Victoria, as outlined in the proposed enterprise agreement.

The legal issues before the court included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly regarding procedural fairness, and whether it contained terms that were contrary to public policy. The court needed to consider the balance between the rights of employers and employees, ensuring that the agreement was fair and reasonable. It also had to determine if the agreement adequately addressed the concerns of both parties, particularly in relation to wage increases, working conditions, and other employment terms.

The court's reasoning involved a detailed examination of the proposed agreement and the evidence provided by the parties. The court found that the agreement was procedurally fair, as it had been negotiated in good faith and the parties had followed the correct procedures. The court also considered the merits of the agreement, assessing whether it provided a fair and reasonable outcome for both employers and employees. After careful consideration, the court concluded that the agreement was consistent with public policy and did not contain any terms that were contrary to the interests of the community. The court approved the enterprise agreement, recognising its potential to improve the working conditions and terms for aged care workers in Victoria.

The final orders of the court included the approval of the Regis Aged Care Pty Ltd, ANMF & HWU Enterprise Agreement - Victoria 2017, subject to the terms and conditions set out in the decision. The agreement was to be registered and would have legal effect from the date of the decision, ensuring that it would govern the employment conditions for the relevant workers in Victoria.

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