Relationships Australia (Victoria) Inc Summary

[2014] FWCA 2274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Relationships Australia (Victoria) Inc
(AG2014/3886)

RELATIONSHIPS AUSTRALIA VICTORIA MANAGERS’ ENTERPRISE AGREEMENT 2013-2017

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 7 APRIL 2014

Application for approval of the Relationships Australia Victoria Managers’ Enterprise Agreement 2013-2017.

[1] On 5 March 2014 Relationships Australia (Victoria) Inc (Applicant) made an application for approval of the Relationships Australia Victoria Managers’ Enterprise Agreement 2013-2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 14 April 2014. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Relationships Australia (Victoria) Inc, an applicant seeking approval of the Relationships Australia Victoria Managers’ Enterprise Agreement 2013-2017. The applicant argued that the agreement should be approved as it was negotiated in good faith, and the process followed was fair and reasonable. The matter was heard in the Fair Work Commission, where the primary issue was whether the applicant had genuinely negotiated the agreement, as required by the Fair Work Act 2009.

The legal issue was whether the applicant had genuinely negotiated the enterprise agreement. The applicant contended that the agreement was the result of good faith negotiations and that the process was fair and reasonable. The respondent, however, argued that the agreement had not been genuinely negotiated, as there was no genuine attempt to negotiate with the respondent's bargaining agent. The court had to consider whether the applicant had followed the necessary procedures and whether the agreement reflected the outcomes of genuine negotiations.

The court found that the applicant had genuinely negotiated the agreement, as there was evidence of a genuine attempt to negotiate with the respondent's bargaining agent. The court considered that the applicant had followed the necessary procedures and that the agreement reflected the outcomes of genuine negotiations. The court also noted that the agreement provided for a fair and reasonable outcome for both parties, with appropriate safeguards for employees. The court approved the agreement, finding that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Relationships Australia Victoria Managers’ Enterprise Agreement 2013-2017, finding that the applicant had genuinely negotiated the agreement and that it met the requirements of the Fair Work Act 2009. The court considered the evidence of the negotiation process and found that the applicant had followed the necessary procedures. The court also noted that the agreement provided for a fair and reasonable outcome for both parties, with appropriate safeguards for employees. The approval of the agreement ensures that the parties are bound by its terms, and it will govern their industrial relationship for the duration of the agreement.

Relationships Australia (Victoria) Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established