DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2016/5597)

REGIS AGED CARE SUPPORT SERVICES STAFF, QUEENSLAND AGREEMENT 2016

Aged care industry
COMMISSIONER ROE	MELBOURNE, 24 OCTOBER 2016

Application for approval of the Regis Aged Care Support Services Staff, Queensland Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Support Services Staff, Queensland 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 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 October 2016 and, in accordance with s.54, will operate from 31 October 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

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 approval of the Regis Aged Care Support Services Staff, Queensland Agreement 2016. The application for approval was opposed by the Queensland Council of Unions. The dispute involved the proposed agreement which sought to govern the employment conditions of support services staff within the aged care sector across Queensland. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) compliant agreement. This required the Commission to assess if the proposed agreement provided employees with conditions that were at least as good as, or better than, the applicable award or safety net. The Commission also needed to consider whether the agreement was procedurally sound, with proper consultation processes undertaken before the agreement was finalised. Furthermore, the Commission had to ensure that the agreement did not undermine the protection of employees' rights and entitlements under the safety net provided by the Fair Work Act.

The Fair Work Commission found that the proposed agreement did indeed meet the BOOT criteria, as it provided support services staff with conditions that were at least as good as, if not better than, those provided by the relevant award. The Commission also determined that the consultation processes adhered to the procedural requirements under the Fair Work Act, ensuring that the agreement was made in good faith. Consequently, the Commission approved the Regis Aged Care Support Services Staff, Queensland Agreement 2016, deeming it to be compliant with the legislative requirements and beneficial for the employees involved.

The final orders of the Commission were that the Regis Aged Care Support Services Staff, Queensland Agreement 2016 be approved and registered under the Fair Work Act 2009, effective from the date of the decision. The agreement was to apply to all employees engaged by Regis Aged Care within the scope of the agreement, ensuring that their employment conditions were governed by the terms of the approved agreement.

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