DECISION

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

Relationships Australia (SA) Inc; Relationships Australia South Australia Ltd
(AG2015/2053)

RELATIONSHIPS AUSTRALIA (SA) INC. AND RELATIONSHIPS AUSTRALIA SOUTH AUSTRALIA LTD ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER HAMPTON	ADELAIDE, 18 MARCH 2015

Application for approval of the Relationships Australia (SA) Inc. and Relationships Australia South Australia Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Relationships Australia (SA) Inc. and Relationships Australia South Australia Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Relationships Australia (SA) Inc. and Relationships Australia South Australia Ltd. The Agreement is a single-enterprise agreement.

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

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 March 2015. The nominal expiry date of the Agreement is 17 March 2019.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, Relationships Australia (SA) Inc. and Relationships Australia South Australia Ltd, the applicants, sought approval of their Enterprise Agreement 2014. The application was heard by the Fair Work Commission, with the decision delivered by Deputy President K.J. Williams on 27 March 2015. The primary dispute concerned whether the Enterprise Agreement complied with the relevant statutory requirements and whether it could be approved under the Fair Work Act 2009.

The legal issues at hand required the court to determine if the Enterprise Agreement met the statutory prerequisites for approval, including compliance with the good faith bargaining requirement and ensuring that the agreement did not adversely affect employees' terms and conditions of employment. The applicants had to demonstrate that the agreement was made in good faith and that it did not result in a detrimental shift in the employees' terms and conditions. The court also had to consider whether the agreement was fair and reasonable, taking into account the overall balance of benefits and detriments for the employees covered by the agreement.

Upon reviewing the evidence and submissions presented by the parties, Deputy President Williams concluded that the applicants had satisfied the necessary criteria for approval. The court found that the Enterprise Agreement was made in good faith and did not result in a detrimental shift in the employees' terms and conditions. Furthermore, the agreement was deemed to be fair and reasonable, with a balanced consideration of the benefits and detriments for the employees. Consequently, the court approved the Enterprise Agreement 2014 for Relationships Australia (SA) Inc. and Relationships Australia South Australia Ltd.

Relationships Australia (SA) Inc; Relationships Australia South Australia Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established