RAOB Grand Lodge of SA Inc

[2014] FWCA 2166

FAIR WORK COMMISSION

DECISION

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

RAOB Grand Lodge of SA Inc
(AG2014/4133)

RAOB GLSA STAFF AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 3 APRIL 2014

Application for approval of the RAOB GLSA Staff Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RAOB GLSA Staff Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Royal Antediluvian Order of Buffaloes Grand Lodge of South Australia GLE. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 10 April 2014. The nominal expiry date is 30 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application by the RAOB Grand Lodge of SA Inc for the approval of the RAOB GLSA Staff Agreement 2013. The application was brought before the Fair Work Commission (FWC) to determine whether the agreement met the necessary requirements for endorsement under the Fair Work Act 2009. The dispute arose from negotiations between the union and the employer regarding the terms and conditions of employment for staff members.

The central legal issue before the FWC was whether the RAOB GLSA Staff Agreement 2013 complied with the relevant provisions of the Fair Work Act. Specifically, the FWC needed to ascertain if the agreement was a genuine enterprise agreement and whether it had been made in good faith. This involved examining the negotiation process, the content of the agreement, and whether it covered the appropriate bargaining unit. Additionally, the FWC had to consider whether the agreement met the "better off overall test" to ensure that no party was worse off as a result of the agreement.

The FWC concluded that the RAOB GLSA Staff Agreement 2013 was a genuine enterprise agreement that had been made in good faith. The commission found that the negotiation process was conducted appropriately and that the agreement was comprehensive and covered the relevant bargaining unit. Furthermore, the FWC determined that the agreement satisfied the "better off overall test" as it provided improvements and protections for the employees without disadvantaging the employer. Based on these findings, the FWC approved the agreement.

In light of the FWC's approval, the RAOB GLSA Staff Agreement 2013 was endorsed and came into effect. The agreement now governs the employment terms and conditions for the staff members of the RAOB Grand Lodge of SA Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established