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
(AG2017/2535)

REGIS AGED CARE, ANMF SOUTH AUSTRALIA AND UNITED VOICE SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2017

Aged care industry
COMMISSIONER MCKINNON	MELBOURNE, 6 OCTOBER 2017

Application for approval of the Regis Aged Care, ANMF South Australia and United Voice South Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care, ANMF South Australia and United Voice South Australia Enterprise Agreement 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 Applicant 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] I have had regard to the concerns raised in the Form F18 Statutory Declarations lodged by the Australian Nursing and Midwifery Federation and United Voice and the response from the Applicant in relation to those concerns dated 24 July 2017.

[5] The Australian Nursing and Midwifery Federation and United being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 October 2017. The nominal expiry date of the Agreement is 30 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Regis Aged Care Pty Ltd, trading as Regis Aged Care, which sought approval for its Enterprise Agreement with the Australian Nursing and Midwifery Federation (ANMF) South Australia and United Voice South Australia for the year 2017. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The primary issue before the Commission was whether the proposed Enterprise Agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it provided for minimum terms and conditions of employment that were no less favourable than the relevant national workplace determination.

The Commission examined various aspects of the proposed agreement, including the provisions on wages, penalties for non-compliance, and the mechanism for resolving disputes. The applicants argued that the agreement was fair and balanced, reflecting the needs of both the employer and the employees. The Commission acknowledged the complexity of the agreement and the various interests involved. It found that the agreement, while not perfect, provided for terms and conditions that were not less favourable than the relevant national workplace determination and thus met the statutory requirements. The Commission was satisfied that the process of reaching the agreement had been fair and that the agreement was in the best interests of the employees.

The Fair Work Commission approved the Regis Aged Care, ANMF South Australia and United Voice South Australia Enterprise Agreement 2017. The decision was based on the conclusion that the agreement provided for fair and reasonable terms and conditions of employment, met the statutory requirements, and was achieved through a fair process. The approval was granted with certain conditions, ensuring that the agreement would be monitored to ensure compliance and that any disputes would be resolved in a timely manner. This decision sets a precedent for similar agreements in the aged care sector and provides clarity on the expectations for enterprise agreements under the Fair Work Act.

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