Relationships Australia South Australia Ltd

[2021] FWCA 6507

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Relationships Australia South Australia Ltd
(AG2021/7648)

RELATIONSHIPS AUSTRALIA SOUTH AUSTRALIA MANAGEMENT ENTERPRISE AGREEMENT 2021

Health and welfare services
COMMISSIONER PLATT	ADELAIDE, 2 NOVEMBER 2021

Application for approval of the Relationships Australia South Australia Management Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the Relationships Australia South Australia Management Enterprise Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Relationships Australia South Australia Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 October 2021.

[3] On 8 October 2021 and 26 October 2021, I conducted telephone conferences with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 1 November 2021. The undertaking deals with the following topics:

• Clause 12.15 of the Agreement will not limit the casual conversions sections contained in Division 4A of the Act.

• Any time off in lieu (TOIL) which has not been taken will be paid out on termination at overtime rates.

• Reference to “9.00pm” in clause 16.3 of the Agreement is replaced with “8.00pm”.

• Clause 9.18 of the Agreement has been amended to ensure that employees who work sleepovers will be better off overall compared to the Social, Community, Home Care and Disability Services Industry Award 2010 (the Award).

• If an employee is under 18 years of age, any Individual Flexibility Arrangement (IFA) will need to be signed by their parent or guardian.

• Clause 23.2 of the Agreement is to be read with section 107 of the Act.

• If an employee fails to give the required notice of termination, the employer may only make deductions from wages owed to the employee, to a maximum of one weeks’ pay.

• The definition of shift worker contained in clause 48 of the Agreement will apply for the purposes of the National Employment Standards (NES).

• If any trainees are employed under the Agreement, they are entitled to the full rates of pay as set out in clause 49 of the Agreement.

• The reference to Grade 8 Level 4 in clause 49 of the Agreement is replaced with Grade 8 Level 3.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 15 September 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, Relationships Australia South Australia Ltd sought approval of the Relationships Australia South Australia Management Enterprise Agreement 2021. The application was brought by the employer and the Australian Council of Trade Unions, which represented the employees. The nature of the dispute was to have the agreement, which aimed to regulate the terms and conditions of employment for the employer's managers, approved and registered as a single-employer enterprise agreement.

The court had to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key issues included whether the agreement was made in good faith, whether the parties had genuinely negotiated, and if the agreement provided for a fair and reasonable process for resolving disputes between the parties. Additionally, the court needed to ensure that the agreement complied with the statutory minimum entitlements and other provisions of the Fair Work Act.

The Fair Work Commission found that the agreement was made in good faith and that the parties had genuinely negotiated the terms. The court was satisfied that the agreement provided for a fair and reasonable process for resolving disputes and that it complied with the statutory minimum entitlements. The agreement was approved and registered as a single-employer enterprise agreement, effective from the date of the decision.

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