DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Animal Welfare League of South Australia Inc
(AG2018/3903)

ANIMAL WELFARE LEAGUE OF SOUTH AUSTRALIA INCORPORATED ENTERPRISE AGREEMENT 2017

Animal care and veterinary services
COMMISSIONER PLATT	ADELAIDE, 28 NOVEMBER 2018

Application for approval of the Animal Welfare League of South Australia Incorporated Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Animal Welfare League of South Australia Incorporated Enterprise Agreement 2017 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Animal Welfare League of South Australia Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 20 November 2018.

[3] On 22 November 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 27 November 2018. The undertaking deals with the following topics:

• For the purpose of clause 7.2, the entitlements shall be in relation to a member of the employee’s immediate family or household as provided for by the National Employment Standards.

• For the purpose of clause 4.3.2, the rate of loading required to be paid under schedule 1 of this Agreement is 25%.

• Casual employees are entitled to a minimum engagement payment of three hours’ work at the appropriate rate.

• In addition to the shift work entitlements provided for by clause 6.2 of the Agreement, where an employee is engaged on shift work, the following penalties apply to ordinary hours of work, as follows:

“(a) 15% loading for a shift finishing after 8:00pm;

(b) 30% loading for a shift where the majority of hours on the shift occur between the hours of midnight and 8:00am; and

• In addition to the overtime entitlements provided for by clause 6.4, except where performing work in accordance with the shift work provisions, employees are entitled to overtime for all work performed outside the span of ordinary hours provided for by clause 6.1.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] “United Voice”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The Animal Welfare League of South Australia Incorporated sought approval of its Enterprise Agreement 2017. The application was made to the Fair Work Commission under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the criteria for registration and approval as set out in the legislation. The dispute required the court to determine whether the agreement was fairly negotiated, contained the necessary terms, and complied with the procedural requirements of the Act.

The court examined the negotiation process, the terms of the agreement, and the compliance with procedural requirements. The Animal Welfare League of South Australia argued that the agreement was fairly negotiated and contained all necessary terms. The Fair Work Commission assessed whether the bargaining process was genuine, if the agreement covered all mandatory terms, and if it was procedurally sound. The court also considered the impact of the agreement on the employees and the organisation.

After thorough deliberation, the Fair Work Commission found that the agreement was fairly negotiated and contained all the required terms. The court concluded that the process adhered to the legislative requirements and that the agreement did not unfairly disadvantage any party. Therefore, the court approved the application for the registration of the Enterprise Agreement 2017. The decision was based on the evidence presented, the statutory criteria, and the principles of fairness and procedural correctness.

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