DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Relationships Australia Tasmania
(AG2016/3883)

RELATIONSHIPS AUSTRALIA TASMANIA ENTERPRISE AGREEMENT 2015

Tasmania
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the Relationships Australia Tasmania Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Relationships Australia Tasmania Enterprise Agreement 2015 (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 Tasmania. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union (Tasmania Branch) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 September 2016. The nominal expiry date of the Agreement is 19 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Relationships Australia Tasmania, sought approval of the Relationships Australia Tasmania Enterprise Agreement 2015. The application was heard by the Fair Work Commission, which is responsible for ensuring the fair treatment of employees and employers in Australia. The dispute arose from the negotiation of an enterprise agreement between the applicant and its employees, and the Commission was asked to determine whether the agreement met the necessary legal standards for approval.

The key legal issues before the Commission were whether the agreement was made in good faith, and whether it provided for fair and reasonable terms and conditions for the employees. The Commission needed to consider the process by which the agreement was negotiated and whether it complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to assess if the agreement met the requirement of being in the best interests of the employees and if it provided for fair and reasonable terms and conditions.

The Commission found that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the negotiation process complied with the relevant provisions of the Fair Work Act 2009, and that the agreement was in the best interests of the employees. The Commission also noted that the agreement provided for a fair and reasonable balance between the interests of the employer and the employees. After considering all the evidence and arguments, the Commission approved the Relationships Australia Tasmania Enterprise Agreement 2015.

The Fair Work Commission approved the Relationships Australia Tasmania Enterprise Agreement 2015, finding that it was made in good faith and provided for fair and reasonable terms and conditions for the employees. The Commission was satisfied that the negotiation process complied with the relevant provisions of the Fair Work Act 2009 and that the agreement was in the best interests of the employees.

Relationships Australia Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established