DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Relationships Australia Canberra & Region Incorporated t/a Relationships Australia Canberra & Region
(AG2016/1545)

RELATIONSHIPS AUSTRALIA CANBERRA & REGION INCORPORATED ENTERPRISE AGREEMENT 2016

Australian Capital Territory
COMMISSIONER SAUNDERS	NEWCASTLE, 9 AUGUST 2016

Application for approval of the Relationships Australia Canberra & Region Incorporated Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Relationships Australia Canberra & Region Incorporated Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Relationships Australia Canberra & Region Incorporated t/a Relationships Australia Canberra & Region. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[3] 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.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[8] The Australian Municipal, Administrative, Clerical and Services Union 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) I note that the Agreement covers the organisation.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2016. The nominal expiry date of the Agreement is 8 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Relationships Australia Canberra & Region Incorporated, trading as Relationships Australia Canberra & Region, a dispute arose concerning the approval of the Relationships Australia Canberra & Region Incorporated Enterprise Agreement 2016. This case was presented before the Fair Work Commission. The applicant sought to have the enterprise agreement approved, which would provide for the terms and conditions of employment for the employees covered by the agreement.

The legal issues the court was required to decide included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to meet the "better off overall test." This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The court also needed to determine if the agreement contained all the necessary terms and conditions and if it was properly certified by the relevant independent umpire.

The court examined the provisions of the agreement and found that it met the better off overall test. The agreement included provisions for minimum wages, leave entitlements, and other terms and conditions that were not less favourable than the previous conditions of employment. The court further determined that the agreement contained all the required terms and conditions and was properly certified. Consequently, the court approved the Relationships Australia Canberra & Region Incorporated Enterprise Agreement 2016.

The court's final orders were that the Relationships Australia Canberra & Region Incorporated Enterprise Agreement 2016 be approved and registered with the Fair Work Commission, effective from the date of the decision. The agreement would now form the basis of the employment terms and conditions for the employees covered by the agreement.

Relationships Australia Canberra & Region Incorporated t/a Relationships Australia Canberra & Region

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established