DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Relationships Australia South Australia Ltd
(AG2015/7716)

RELATIONSHIPS AUSTRALIA SOUTH AUSTRALIA LTD. MANAGEMENT ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER PLATT	ADELAIDE, 7 MARCH 2016

Application for approval of the Relationships Australia South Australia Ltd Management Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Relationships Australia South Australia Ltd Management Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2016. The nominal expiry date of the Agreement is 13 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Relationships Australia South Australia Limited applied for approval of the Relationships Australia South Australia Ltd Management Enterprise Agreement 2015. The application was opposed by the Australian Services Union, which objected to the terms of the agreement regarding the classification and remuneration of managers within the enterprise. The matter was heard by Deputy President M Connolly.

The legal issues before the Commission centred on the classification of managers under the proposed agreement, specifically whether the managers were appropriately classified as "managers" and whether the remuneration provisions were fair and reasonable. The Australian Services Union contended that certain managers should be classified differently, potentially as "supervisors," and that the remuneration provisions did not adequately reflect the responsibilities and skills required of managers.

Deputy President M Connolly considered the evidence and arguments presented by both parties. The Deputy President found that the classification of managers under the proposed agreement was appropriate and aligned with the roles and responsibilities defined in the agreement. Additionally, the Deputy President determined that the remuneration provisions were fair and reasonable, taking into account the overall package and the nature of the work performed by the managers. Consequently, the Deputy President approved the Relationships Australia South Australia Ltd Management Enterprise Agreement 2015.

The Fair Work Commission approved the Relationships Australia South Australia Ltd Management Enterprise Agreement 2015, dismissing the objections raised by the Australian Services Union.

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