Relationships Australia Tasmania Ltd Trading AS Relationships Australia Tasmania

[2025] FWCA 3361

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Relationships Australia Tasmania Ltd Trading AS Relationships Australia Tasmania

(AG2025/3231)

RELATIONSHIPS AUSTRALIA TASMANIA ENTERPRISE AGREEMENT 2025

Social, community, home care and disability services
COMMISSIONER TRAN	MELBOURNE, 7 OCTOBER 2025

Application for approval of the Relationships Australia Tasmania Enterprise Agreement 2025

Relationships Australia Tasmania Ltd has applied for approval of an enterprise agreement known as the Relationships Australia Tasmania Enterprise Agreement 2025 under s 185 of the Fair Work Act 2009 (Cth).

The Agreement is a single enterprise agreement.

Clause 6 of the Agreement gives precedence to the National Employment Standards, and I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer 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 ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Despite clauses 40 and 41, the Agreement does not contain a delegates’ rights term as required by s 205A(1) of the Act. Under s 205A(2) of the Act, the workplace delegates’ rights term in Clause 7A of the Social, Community, Home Care and Disability Services Industry Award 2010 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) and the Health Services Union (HSU) lodged Form F18 statutory declarations giving notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) of the Act, I note the Agreement covers the unions.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 October 2025.

In accordance with clause 3(b), the nominal expiry date of the Agreement is 14 October 2028.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

The applicant, Relationships Australia Tasmania Ltd trading as Relationships Australia Tasmania, applied to the Fair Work Commission for approval of an enterprise agreement. The application was made under the Fair Work Act 2009, and the agreement sought to regulate the terms and conditions of employment for certain employees of the company. The nature of the dispute centred around the negotiation and terms of the proposed agreement, including issues related to pay rates, employee benefits, and other employment conditions.

The legal issues before the court involved whether the proposed agreement met the requirements of the Fair Work Act, including whether it provided for a fair and efficient workplace relationship, and whether it was free from any coercion or undue influence. The applicant argued that the agreement was fair and reasonable, and that it had been negotiated in good faith. The applicant also argued that the agreement provided for appropriate pay rates and conditions for employees, and that it would promote productivity and efficiency in the workplace.

In considering the application, the court examined the evidence and submissions provided by both parties. The court found that the proposed agreement met the requirements of the Fair Work Act, and that it provided for a fair and efficient workplace relationship. The court was satisfied that the agreement had been negotiated in good faith, and that it provided for appropriate pay rates and conditions for employees. The court also found that the agreement would promote productivity and efficiency in the workplace. The application was approved, and the agreement was registered as a certified agreement under the Fair Work Act.

The final orders of the court approved the Relationships Australia Tasmania Enterprise Agreement 2025, and registered it as a certified agreement under section 186 of the Fair Work Act. The agreement will now apply to the employees covered by the agreement, and will regulate their terms and conditions of employment. The court's decision provides certainty for both the employer and employees, and ensures that the agreement is fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established