Application for approval of the Regis Aged Care Northern Territory Enterprise Agreement 2025

[1] An application has been made for approval of an enterprise agreement known as the Regis Aged Care Northern Territory Enterprise Agreement 2025 (Agreement). The Application was made by Regis Aged Care Pty Ltd (Regis) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

[2] I am satisfied that each requirement of ss186, 187 and 188 of the FW Act as are relevant to this application for approval have been met.

[3] Noting clause 6 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

[4] 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 FW Act that they want the Agreement to cover them. In accordance with s.201(2) of the FW Act, I note the Agreement covers the UWU and the ANMF.

[5] The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 1 November 2028.

[6] Section 218A of the FW Act allows the Commission to correct or amend obvious errors, defects, or irregularities in an enterprise agreement (whether in substance or form). An agreement can be varied under s.218A to the extent necessary to remove the error, defect or irregularity - and no further.

[7] The Employers have applied to vary the Agreement pursuant to s.218A of the FW Act to correct errors concerning:

• Clause 34: Annual leave.

• Clause 40: Delegates Rights.

[8] The UWU and ANMF do not oppose the variation application.

[9] I am satisfied that the errors listed in [7] above are errors, defects, or irregularities within the meaning of s.218A(1) of the FW Act. I am content to vary the Agreement in accordance with the application made by Regis. The variation will operate from the date that the Agreement commences operating.

[10] The Agreement attached to this Decision is the Agreement as varied and will operate from 2 March 2026.

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