DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2017/535)

REGIS AGED CARE ENTERPRISE AGREEMENT- WESTERN AUSTRALIA 2017

Aged care industry
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2017

Application for approval of the Regis Aged Care Enterprise Agreement - Western Australia 2017.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Enterprise Agreement - Western Australia 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] The Health Services Union of Australia, Australian Nursing and Midwifery Federation and United Voice, 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 28 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Regis Aged Care Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement titled the Regis Aged Care Enterprise Agreement - Western Australia 2017. The application was opposed by the Australian Nursing and Midwifery Federation (ANMF), which raised concerns about the agreement's provisions. The matter was heard in the Fair Work Commission, and the central issue was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The Fair Work Commission assessed whether the agreement complied with the relevant provisions of the Fair Work Act, including whether it was fairly and genuinely negotiated and whether it met the "better off overall test" (BOOT). The Commission considered the submissions from both parties and examined the evidence presented, including witness testimonies and documentary evidence. After thorough consideration, the Commission found that the agreement was fairly and genuinely negotiated and met the BOOT. The Commission also noted that the agreement contained provisions that were considered to be in the best interests of the employees.

The Fair Work Commission approved the Regis Aged Care Enterprise Agreement - Western Australia 2017. The Commission found that the agreement was in the best interests of the employees and met the legal requirements for approval. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are governed by the provisions of the agreement, rather than the applicable awards or the general protections in 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