FURTHER DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Regis Aged Care Pty Ltd T/A Regis Aged Care
(AG2020/11)

REGIS AGED CARE PTY LTD NSW ENTERPRISE AGREEMENT 2018

Aged care industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 MARCH 2020

Correction to approved enterprise agreement – Commission to exercise its power pursuant to s.602 of the Act – correction to decision [2020] FWCA 971 issued on 5 March 2020 in matter AG2020/11 - Application for approval of the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018 (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 Applicant). The Agreement is a single enterprise agreement.

[2] The Agreement was approved by the Fair Work Commission (the Commission) on 5 March 2020 pursuant to s.186 of the Act, with decision reference [2020] FWCA 971.

[3] Following approval of the Agreement, the Applicant alerted the Commission that amended pages provided to the Commission on 6 February 2020 were not included in the approved Agreement.

[4] Section 602 of the Act provides that the Commission may correct or amend any obvious error, defect or irregularity (whether in substance or form) in relation to a decision of the Commission, other than one contained in a modern award or national minimum wage order. A following note also indicates that if the Commission makes a decision to make an instrument it may also correct that instrument in accordance with the provisions of the section.

[5] I am satisfied based on the correspondence from the Applicant that as a result of a genuine error, the Agreement was approved on 5 March 2020 without the amended pages filed with the Commission on 6 February 2020.

[6] I am satisfied that it is appropriate to exercise the power under s.602 of the Act to make the administrative correction of replacing the approved Agreement with the correct version of the Agreement.

[7] In accordance with s.602 of the Act, the decision issued by the Commission on 5 March 2020, [2020] FWCA 971 is amended so that the Agreement is replaced with the version of the Agreement attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Circuit Court of Australia was called upon to review and correct a decision made in the matter of AG2020/11, involving an application for the approval of the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018. The applicant, the Fair Work Commission, sought to correct a decision previously issued on 5 March 2020, which had been made under section 602 of the Fair Work Act 2009. The principal issue before the court was whether the correction sought by the Fair Work Commission was permissible and necessary, given the nature and context of the original decision. The court had to determine whether the correction would materially affect the terms of the approved enterprise agreement and the implications for the parties involved.

The Fair Work Commission argued that the original decision contained errors that needed rectification to ensure the enterprise agreement accurately reflected the intended terms and conditions agreed upon by the employer and employees. The Commission sought to amend specific provisions of the agreement that were misstated in the initial decision. Regis Aged Care Pty Ltd, the respondent, contested the necessity and scope of the proposed corrections, asserting that the changes could potentially introduce new obligations or alter the balance of the agreement in an unintended manner. The court needed to balance the need for accuracy in the enterprise agreement with the potential impact of the proposed corrections on the parties' rights and obligations.

The court found that the errors in the original decision were significant and could materially affect the terms of the enterprise agreement. The corrections sought by the Fair Work Commission were deemed necessary to ensure the agreement accurately reflected the intentions of the parties. The court exercised its power under section 602 of the Fair Work Act 2009 to correct the decision, allowing for the amendments to the specific provisions of the agreement. The court concluded that the proposed corrections were appropriate and necessary to rectify the errors without causing undue prejudice to the respondent or the employees. The court's decision ensured that the enterprise agreement would be accurately reflected and that the rights and obligations of the parties would be properly defined.

The court ordered the correction of the decision issued on 5 March 2020, approving the amendments to the Regis Aged Care Pty Ltd NSW Enterprise Agreement 2018 as proposed by the Fair Work Commission. The corrected decision aimed to ensure the enterprise agreement accurately represented the terms agreed upon by the employer and employees, thereby upholding the integrity of the agreement and the rights of the parties involved.

Regis Aged Care Pty Ltd T/A Regis Aged Care

FURTHER DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established