| [2024] FWCA 753 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Relationships Australia Canberra And Region Incorporated
(AG2024/103)
RELATIONSHIPS AUSTRALIA CANBERRA & REGION INCORPORATED ENTERPRISE AGREEMENT 2023
| Social, community, home care and disability services | |
| DEPUTY PRESIDENT SAUNDERS | NEWCASTLE, 27 FEBRUARY 2024 |
Application for approval of the Relationships Australia Canberra & Region Incorporated Enterprise Agreement 2023
An application has been made for approval of an enterprise agreement known as the Relationships Australia Canberra & Region Incorporated Enterprise Agreement 2023 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.
The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:
(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.
The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.
Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 5 March 2024. The nominal expiry date of the Agreement is 4 March 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523676 PR771877>
Annexure A
- AGLC
- Relationships Australia Canberra And Region Incorporated [2024] FWCA 753
- Case
- [2024] FWCA 753
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the scrutiny of various aspects of the proposed agreement to determine its compliance with the statutory requirements. Key considerations included whether the agreement met the minimum entitlements outlined in the National Employment Standards, provided for procedural fairness, and was free from any discriminatory provisions. The court also examined if the agreement had been fairly negotiated and if the process followed in reaching the agreement was appropriate.
The Fair Work Commission found that the proposed enterprise agreement adhered to the necessary legislative requirements and was fair and reasonable. The agreement was deemed to cover all essential minimum entitlements, provided for fair procedural processes, and did not contain any discriminatory terms. The court concluded that the agreement had been fairly negotiated and the process adhered to the appropriate standards. Consequently, the application for approval was granted, and the Relationships Australia Canberra & Region Incorporated Enterprise Agreement 2023 was endorsed by the Commission.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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