DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UnitingCare ReGen
(AG2015/3503)

UNITINGCARE REGEN EMPLOYEE COLLECTIVE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 10 AUGUST 2015

Application for approval of the UnitingCare ReGen Employee Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the UnitingCare ReGen Employee Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UnitingCare ReGen. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved in Chambers on 10 August 2015 and, in accordance with s.54 of the Act, will operate from 17 August 2015. The nominal expiry date of the Agreement is 16 August 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

UnitingCare ReGen brought an application for approval of the UnitingCare ReGen Employee Collective Agreement 2015 before the Fair Work Commission. The dispute involved the terms and conditions of employment for the employees of UnitingCare ReGen, an entity engaged in the provision of residential aged care services. The Commission was tasked with ensuring that the agreement met the necessary legislative standards for approval.

The primary legal issues before the Commission were whether the agreement provided for the minimum terms and conditions as prescribed by the Fair Work Act 2009, and whether the agreement was made in accordance with the procedural requirements set out in the legislation. Additionally, the Commission had to consider whether the agreement was fair and appropriate in all its aspects, including its impact on employees and the broader industrial relations system.

In deliberating on the application, the Commission examined the content of the agreement to determine if it satisfied the minimum standards for wages, penalty rates, leave entitlements, and other employment conditions. The Commission also assessed whether the agreement was negotiated in good faith and whether it provided for effective dispute resolution mechanisms. After thorough consideration, the Commission found that the agreement met the statutory requirements and was fair and appropriate. Consequently, the application for approval of the UnitingCare ReGen Employee Collective Agreement 2015 was approved.

UnitingCare ReGen

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established