DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Relationships Australia (Qld)
(AG2019/4924)

RELATIONSHIPS AUSTRALIA (QLD) ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 FEBRUARY 2020

Application for approval of the Relationships Australia (Qld) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Relationships Australia (Qld) Enterprise Agreement 2019 (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 (Qld). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 18 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Relationships Australia (Qld) to approve the Relationships Australia (Qld) Enterprise Agreement 2019. The application was contested by the Queensland Council of Social Service. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The commission had to determine if the agreement was genuinely negotiated, if it complied with the procedural requirements, and if it met the criteria of being in the best interest of the employees.

The legal issues at the core of the case involved the genuineness of the negotiations, procedural compliance, and whether the agreement was fair and beneficial to the employees. The commission examined if the parties had genuinely attempted to negotiate in good faith, if the agreement contained all mandatory terms, and if it was consistent with the national employment standards and safety net protections. Additionally, the commission assessed if the agreement provided for a fair and efficient workplace.

The Fair Work Commission found that the agreement was genuinely negotiated, procedurally sound, and in the best interest of the employees. The commission acknowledged the efforts made by both parties in reaching the agreement and noted that it contained all the necessary mandatory terms. The commission also found that the agreement was consistent with the national employment standards and safety net protections, and provided for a fair and efficient workplace. Consequently, the commission approved the Relationships Australia (Qld) Enterprise Agreement 2019.

As a result of the commission's decision, the Relationships Australia (Qld) Enterprise Agreement 2019 was approved and will be in effect. The employees covered by the agreement will benefit from the terms and conditions outlined therein. The decision sets a precedent for future enterprise agreements and reinforces the importance of genuine negotiation and procedural compliance in the workplace.

Relationships Australia (Qld)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established