DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAOB GLSA GLE Inc T/A RAOB GLSA GLE Inc
(AG2018/3380)

RAOB GLSA STAFF AGREEMENT 2018

Clerical industry
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the RAOB GLSA Staff Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RAOB GLSA Staff Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RAOB GLSA GLE Inc T/A RAOB GLSA GLE Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

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

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of RAOB GLSA GLE Inc trading as RAOB GLSA GLE Inc, the Fair Work Commission was tasked with approving the RAOB GLSA Staff Agreement 2018. The dispute involved the terms of employment for the staff of the company, particularly regarding the application of the agreement to employees who were part of the bargaining unit. The company sought to have the agreement approved under the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement complied with the requirements of the Act and whether it was appropriate for the specific circumstances of the employees. This involved examining the procedural fairness of how the agreement was formed, ensuring that it covered all mandatory bargaining items, and verifying that the agreement was genuinely negotiated and not imposed. The Commission also had to consider the balance of interests between the employer and the employees, ensuring that the agreement did not unduly favour one party.

After reviewing the submissions from both parties and the evidence presented, the Commission found that the RAOB GLSA Staff Agreement 2018 was generally compliant with the Fair Work Act. The Commission noted that while there were some procedural irregularities in the negotiation process, these did not significantly undermine the validity of the agreement. The agreement was found to cover all mandatory bargaining items and appeared to strike a fair balance between the interests of the employer and the employees. Consequently, the Commission approved the agreement, subject to certain minor modifications to address identified deficiencies.

The Fair Work Commission ordered the approval of the RAOB GLSA Staff Agreement 2018, with the specified modifications to be implemented within the stipulated timeframe. The Commission also directed that the agreement be registered with the relevant authorities and that the parties take necessary steps to inform their employees of the approved terms. This decision provided clarity for both the employer and the employees, ensuring that the agreement could be effectively enforced and that the workplace relations were governed by a legally recognised and approved set of terms.

RAOB GLSA GLE Inc T/A RAOB GLSA GLE Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established