Relationship Australia (Victoria) Inc

[2013] FWCA 9546

FAIR WORK COMMISSION

DECISION

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

Relationship Australia (Victoria) Inc
(AG2013/9835)

RELATIONSHIPS AUSTRALIA VICTORIA STAFF ENTERPRISE AGREEMENT 2013-2017

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 5 DECEMBER 2013

Application for approval of the Relationships Australia Victoria Staff Enterprise Agreement 2013-2017.

[1] On 18 October 2013 Relationship Australia (Victoria) Inc (Applicant) made an application for approval of the Relationships Australia Victoria Staff Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Municipal, Administrative, Clerical and Services Union (ASU) and each employee bargaining representative have indicated their acceptance of the undertakings.

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

[5] The ASU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 12 December 2013. The nominal expiry date of the Agreement is 5 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Relationship Australia (Victoria) Inc, the Fair Work Commission was called upon to approve an enterprise agreement between the employer and its employees. The disagreement arose due to certain provisions within the agreement that the employer and the employees' representative, the National Tertiary Education Union, could not resolve. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the provisions of the Relationships Australia Victoria Staff Enterprise Agreement 2013-2017 complied with the requirements of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement contained any unfair provisions and whether it met the 'better-off, overall test'. This test required the Commission to determine if the employees were better off overall with the new agreement than they would have been under their previous conditions of employment.

The Fair Work Commission found that the agreement did not contain any unfair provisions and that it met the 'better-off, overall test'. The Commission noted that the agreement provided employees with significant benefits, including wage increases, improved working conditions, and provisions for professional development. Furthermore, the Commission was satisfied that the agreement was fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the Fair Work Commission approved the Relationships Australia Victoria Staff Enterprise Agreement 2013-2017.

The Fair Work Commission's decision resulted in the approval of the Relationships Australia Victoria Staff Enterprise Agreement 2013-2017, which would now govern the employment conditions of the employees for the specified period. The approval of the agreement ensures that both the employer and employees are bound by the terms and conditions outlined within, promoting a stable and fair working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established