Relationships Australia South Australia Limited Summary

[2025] FWCA 990

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Relationships Australia South Australia Limited

(AG2025/538)

RASA ENTERPRISE AGREEMENT 2025

Social, community, home care and disability services
COMMISSIONER CRAWFORD	SYDNEY, 21 MARCH 2025

Application for approval of the RASA Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the RASA Enterprise Agreement 2025 (Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act) by Relationships Australia South Australia Limited (RASA). The Agreement is a single enterprise agreement.

RASA has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss.186, 187 and 188 of the FW Act as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting clause 49 of the Agreement, I am satisfied that the more beneficial entitlements of the NES in the FW Act will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) lodged a Form F18 statutory declaration giving notice under s.183 of the FW Act that it wants the Agreement to cover it. In accordance with s.201(2) of the FW Act, I note the Agreement covers the ASU.

The Agreement is approved and will operate from seven days after approval in accordance with s.54 of the FW Act. The nominal expiry date of the Agreement is 21 March 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Relationships Australia South Australia Limited, applied to the Fair Work Commission for approval of the RASA Enterprise Agreement 2025. The applicant sought to have the agreement registered with the Fair Work Commission as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement met the necessary criteria for approval, including that it was a genuine agreement, covered the required minimum terms and conditions, and complied with other statutory requirements.

The legal issues before the Fair Work Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009 and whether the agreement was a genuine agreement between the parties. The Commission considered whether the agreement met the minimum terms and conditions, whether it was a genuine agreement, and whether it complied with other statutory requirements. The Commission also considered whether there was any evidence of coercion or undue influence in the negotiation or execution of the agreement.

The Fair Work Commission found that the agreement met the criteria for approval under the Fair Work Act 2009. The Commission found that the agreement was a genuine agreement between the parties, covered the required minimum terms and conditions, and complied with other statutory requirements. The Commission was satisfied that there was no evidence of coercion or undue influence in the negotiation or execution of the agreement. The Commission approved the agreement and registered it as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission made orders approving the RASA Enterprise Agreement 2025 and registering it as a registered agreement under the Fair Work Act 2009. The agreement was registered on the date of the Commission's decision and will remain in effect until the end of its specified term or until it is varied or replaced by a new agreement.

Relationships Australia South Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established