Australian Nursing and Midwifery Federation (145V) v Regis Aged Care Pty Ltd
Citation: [2026] FWC 3336
What happened
The Australian Nursing and Midwifery Federation (ANMF) sought a Fair Work Commission decision regarding the Regis Aged Care Registered Nurses, Enrolled Nurses and Assistants in Nursing Queensland Agreement 2022. The dispute concerned whether Regis Aged Care could reduce part-time nursing employees' guaranteed minimum hours. Regis had written to employees confirming changes to their minimum working hours. The ANMF argued the agreement didn't allow for such alterations.
What was decided
The Fair Work Commission considered whether a part-time employee’s minimum ordinary hours could be altered by agreement. The Commission will arbitrate this preliminary question. The decision considered the relevant provisions of the Regis Aged Care Registered Nurses agreement and the Nurses Award 2020. The Commission noted Regis’s argument about a common law right to vary contracts.
What it means for employers
Employers should review their practices regarding changes to part-time employees' guaranteed minimum hours. The agreement may not permit alterations without following specific procedures. Employers should be aware of the interplay between common law principles and enterprise agreement provisions.
What it means for employees
Affected employees should be aware of their rights regarding guaranteed minimum hours as outlined in the Regis Aged Care Registered Nurses agreement. Employees should seek clarification if they receive notice of changes to their hours.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections