Application for approval of the Regis Aged Care, ANMF South Australia and United Workers Union Enterprise Agreement 2024

[1] Regis Aged Care Pty Ltd (ACN: 125223645) has applied for approval of an enterprise agreement known as Regis Aged Care, ANMF South Australia and United Workers Union Enterprise Agreement 2024 under s 185 of the Fair Work Act 2009.

[2] The Agreement is a single enterprise agreement.

[3] I note clause 6(a) of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] The Employer has provided written undertakings. 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.

[5] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[6] The United Workers' Union (UWU) and the Australian Nursing and Midwifery Federation (ANMF) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

[7] The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 April 2025.

[8] In accordance with clause 7(a), the nominal expiry date of the Agreement is 1 February 2027.

Variation under s 218A

[9] Section 218A of the Act allows the Commission to correct or amend obvious errors, defects or irregularities. It is a discretionary power, and the Commission must first be satisfied that the identified errors or amendments sought are obvious errors, defects or irregularities.

[10] I determined to vary the Agreement after the applicant identified typographical/cross-referencing errors in the clause reference numbers found in the "ALLOWANCE RATES" table in Appendix 1.

[11] The Applicant provided an amended copy of the Agreement, with only the amendments identified above.

[12] I am satisfied that the amendments should be made and that it is appropriate to do so in accordance with s 218A. The variation will operate from the date the Agreement commences.

[13] The Agreement attached to this Decision is the Agreement as varied and will operate from 10 April 2025. The nominal expiry date of the Agreement as varied is 1 February 2027.

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