Relationships Australia (Victoria) Limited Summary

[2021] FWCA 6949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Relationships Australia (Victoria) Limited
(AG2021/8351)

RAV STAFF ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 3 DECEMBER 2021

Application for approval of the RAV Staff Enterprise Agreement 2021

[1] An application has been made for approval of an enterprise agreement known as the RAV Staff Enterprise Agreement 2021 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

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

[3] The Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 10 December 2021. The nominal expiry date of the Agreement is 2 December 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Relationships Australia (Victoria) Limited, which sought approval for the RAV Staff Enterprise Agreement 2021. The application was heard in the Fair Work Commission, which is responsible for regulating and approving enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred around whether the proposed agreement met the legal requirements for approval and whether it was in the best interests of the employees involved.

The central legal issues before the Commission were whether the agreement provided for a fair and reasonable outcome for employees and whether it complied with the relevant legislative provisions. The Commission had to consider whether the agreement was made in good faith, whether it included appropriate mechanisms for resolving disputes, and whether it provided for a fair and reasonable outcome for employees. Additionally, the Commission examined whether the agreement adequately addressed issues such as pay rates, working conditions, and other employment terms.

In reaching its decision, the Commission considered the evidence and submissions provided by both parties. It took into account the need to balance the interests of employers and employees and ensure that the agreement was fair and reasonable. The Commission concluded that the proposed agreement met the necessary criteria for approval and was in the best interests of the employees. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, included appropriate dispute resolution mechanisms, and was made in good faith.

The Fair Work Commission approved the RAV Staff Enterprise Agreement 2021, subject to certain conditions and modifications. The approval ensures that the agreement will provide a fair and reasonable outcome for employees and complies with the relevant legislative requirements. The decision reinforces the importance of achieving a balance between the interests of employers and employees in the context of enterprise agreements.

Relationships Australia (Victoria) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established