Animal Welfare League Of South Australia

Case [2022] FWCA 2051
[2022] FWCA 2051

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Animal Welfare League Of South Australia

(AG2022/1891)

Animal Welfare League of South Australia Incorporated Enterprise Agreement 2022

Animal care and veterinary services

COMMISSIONER PLATT

ADELAIDE, 22 JUNE 2022

Application for approval of the Animal Welfare League of South Australia Incorporated Enterprise Agreement 2022

  1. An application has been made for approval of an enterprise agreement known as the Animal Welfare League of South Australia Incorporated Enterprise Agreement 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Animal Welfare League of South Australia (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 20 June 2022 and was determined on the papers.

  1. The Applicant has submitted an undertaking in the required form dated 22 June 2022. The undertaking deals with the following topics:

·   Any employee who is entitled to be classified as Level 4 under the Animal Care and Veterinary Services Award 2020 (the Award) will have a minimum classification of Level 3B under the Agreement.

·   An employee who is rostered to work on a Saturday shall work the majority of their hours before 2.30pm on that Saturday.

  1. A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not object to the undertaking.

  1. 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.

  1. The United Workers’ Union (UWU), 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2025.


COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE516372  PR742910>

Details
AGLC
Animal Welfare League Of South Australia [2022] FWCA 2051
Case
[2022] FWCA 2051
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the Animal Welfare League of South Australia applied for approval of its 2022 enterprise agreement. The agreement concerned the terms and conditions of employment for employees within the organisation, including wages, working hours, and other employment-related matters. The application for approval was made under the Fair Work Act 2009, which mandates that certain agreements be approved by the Fair Work Commission to ensure they meet the requirements of the Act.

The primary legal issues before the Commission were whether the agreement complied with the various statutory requirements under the Fair Work Act, including the need for it to be in writing, to be in plain English, and to include minimum terms and conditions as specified by the Act. Additionally, the Commission had to assess whether the agreement provided for a proper process for resolving workplace disputes and if it ensured fair and reasonable terms for both employees and the employer.

The Commission found that the agreement met all statutory requirements, including being in writing and in plain English, and included the necessary minimum terms and conditions. The agreement also provided for an appropriate dispute resolution process and ensured fair and reasonable terms for both parties. The Commission approved the agreement on the basis that it was fair and reasonable, and it met all the statutory requirements set out in the Fair Work Act.

The Fair Work Commission approved the Animal Welfare League of South Australia Incorporated Enterprise Agreement 2022, effective from 1 January 2022. The approval ensures that the agreement remains legally binding and enforceable for the duration of its term.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.