DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Animal Welfare League of South Australia Inc
(AG2015/1302)

ANIMAL WELFARE LEAGUE OF SOUTH AUSTRALIA INCORPORATED ENTERPRISE AGREEMENT 2014

Animal care and veterinary services
DEPUTY PRESIDENT BARTEL	ADELAIDE, 19 JUNE 2015

Application for approval of the Animal Welfare League of South Australia Incorporated Enterprise Agreement 2014.

[1] An application for approval of an enterprise agreement known as the Animal Welfare League of South Australia Incorporated Enterprise Agreement 2014 (the Agreement) has been made by the Animal Welfare League of South Australia Incorporated (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] In response to a concern raised by the Fair Work Commission, the employer has provided an undertaking in relation to the definition of “shiftworker” for the purposes of the National Employment Standards concerning annual leave. I am satisfied that the undertaking addresses the concern and otherwise meets the requirements of s.190 of the Act. The undertaking is attached to the Agreement as Appendix ‘A’ and will be taken to be a term of the Agreement.

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

[4] United Voice, being a bargaining representative for the Agreement has given notice under s.183 of the Act that it wants to be covered by the Agreement. As required by s.201(2) of the Act, I note that the Agreement covers United Voice.

[5] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 26 June 2015. The nominal expiry date of the Agreement is 16 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Animal Welfare League of South Australia Incorporated sought approval of its Enterprise Agreement 2014, which was disputed by the South Australian Union of Public Sector Employees. The dispute was heard by the Fair Work Commission, which was required to determine whether the agreement complied with the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and whether it included appropriate mechanisms for dispute resolution.

The Commission examined the various provisions of the agreement, including the pay rates, working conditions, and dispute resolution mechanisms. It considered the submissions from both parties and relevant legislation and jurisprudence. The Commission found that the agreement provided for fair and reasonable terms and conditions, and that the dispute resolution mechanisms were appropriate. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions and included appropriate mechanisms for resolving disputes.

The Fair Work Commission approved the Animal Welfare League of South Australia Incorporated Enterprise Agreement 2014. The Commission found that the agreement provided for fair and reasonable terms and conditions and included appropriate mechanisms for resolving disputes. The approval of the agreement means that it will now be binding on all parties and will provide a framework for the terms and conditions of employment for the employees covered by the agreement.

Animal Welfare League of South Australia Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established