DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2016/4693)

REGIS AGED CARE, ANMF NORTHERN TERRITORY AND UNITED VOICE NORTHERN TERRITORY ENTERPRISE AGREEMENT 2016

Northern Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 25 OCTOBER 2016

Application for approval of the Regis Aged Care Pty Ltd, ANMF Northern Territory and United Voice Northern Territory Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd, ANMF Northern Territory and United Voice Northern Territory Enterprise Agreement 2016 (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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2016. The nominal expiry date of the Agreement is 30 September 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case are Regis Aged Care Pty Ltd, ANMF Northern Territory, and United Voice Northern Territory. The dispute at hand revolves around the application for the approval of the Regis Aged Care Pty Ltd, ANMF Northern Territory and United Voice Northern Territory Enterprise Agreement 2016. This case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The central legal issue before the court was whether the Enterprise Agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. This included examining whether the agreement met the criteria for 'simplification', as well as assessing its compliance with the 'better off overall test'. The court needed to determine if the proposed terms of the agreement would result in employees being better off overall compared to their previous conditions.

In reaching its decision, the Fair Work Commission evaluated the submissions and evidence provided by the parties. It considered the nature of the agreement and its implications for the employees. The Commission determined that the agreement was in compliance with the Fair Work Act, including the simplification provisions, and met the better off overall test. The Commission found that the proposed changes were beneficial to the employees and approved the Enterprise Agreement. The Commission noted the importance of such agreements in promoting fair and equitable terms for employees in the aged care sector.

As a result of the court's decision, the Regis Aged Care Pty Ltd, ANMF Northern Territory and United Voice Northern Territory Enterprise Agreement 2016 was approved. This decision sets a precedent for similar agreements in the aged care sector, ensuring that employees receive fair and equitable treatment under their employment terms. The approval of this agreement is expected to benefit both the employees and the employer by providing a clear and simplified framework for their working relationship.

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