Relationships Australia (NSW)

[2014] FWCA 281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Relationships Australia (NSW)
(AG2013/12160)

RELATIONSHIPS AUSTRALIA (NSW) ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
VICE PRESIDENT WATSON	SYDNEY, 24 JANUARY 2014

Application for approval of the Relationships Australia (NSW) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Relationships Australia (NSW) Enterprise Agreement 2013 (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 (NSW) Limited.

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

[3] A written undertaking dated 24 January 2014 has been received from the employer concerning clause 29.1. Pursuant to s.191 of the Act, the undertaking is taken to be a term of the Agreement. A copy of the undertaking is annexed to this decision and to the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union - New South Wales and ACT (Services) Branch 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.

[5] The Agreement is approved and, in accordance with s.54(1)(a), will operate from 31 January 2014. The nominal expiry date of the Agreement is 23 January 2018.

VICE PRESIDENT WATSON

Annexure A

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CaseChat Overview and Summary

In the case of Relationships Australia (NSW) Enterprise Agreement 2013, the Fair Work Commission was asked to approve an enterprise agreement. The agreement was proposed between Relationships Australia (NSW) and its employees, represented by the Australian Services Union. The dispute centred on whether the proposed agreement met the necessary requirements under the Fair Work Act 2009 and provided for fair and reasonable terms and conditions of employment.

The primary legal issues that the Fair Work Commission had to resolve were whether the agreement provided for minimum entitlements, and whether it was procedurally fair. The Commission had to determine if the agreement adequately covered the minimum rates of pay, penalties for excessive hours, leave entitlements, and other conditions as stipulated by the Fair Work Act. Additionally, the Commission needed to assess if the agreement was made in a procedurally fair manner, which included examining if genuine consultation had taken place between the parties.

In its decision, the Fair Work Commission found that the proposed agreement did meet the requirements of the Fair Work Act. It concluded that the agreement provided for minimum entitlements and was procedurally fair, as it was the product of genuine bargaining and consultation. The Commission took into account the evidence provided by both parties and the broader context of the industry. It determined that the agreement was fair and reasonable and thus approved it.

The Fair Work Commission's final order was to approve the Relationships Australia (NSW) Enterprise Agreement 2013, recognising it as meeting the necessary legislative requirements and being procedurally fair. This decision provides clarity and certainty for both Relationships Australia (NSW) and its employees regarding the terms and conditions of their employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established