Respect Group Limited T/A Respect Group Limited

[2025] FWCA 330

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Respect Group Limited T/A Respect Group Limited

(AG2024/4588)

RESPECT GROUP LIMITED, VICTORIAN ENTERPRISE AGREEMENT 2024

Aged care industry
COMMISSIONER WILSON	MELBOURNE, 29 JANUARY 2025

Application for approval of the RESPECT GROUP LIMITED, VICTORIAN ENTERPRISE AGREEMENT 2024

An application has been made for approval of an enterprise agreement known as the RESPECT GROUP LIMITED, VICTORIAN ENTERPRISE AGREEMENT 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Respect Group Limited T/A Respect Group Limited. The Agreement is a single enterprise agreement.

The notification time for the Agreement under s.173(2) was 29 April 2024 and the Agreement was made on 15 November 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.[1]

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

Pursuant to s.205A of the Act, the workplace delegates’ rights term at Clause 7A of the Aged Care Award 2010 is taken to be a term of the Agreement.

The Health Services Union Victoria No 1 Branch, trading as the Health Workers Union (HWU), 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.

The Australian Nursing and Midwifery Federation (Victoria 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 February 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Annexure A

[1] The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act. Those changes broadly commenced operation on 6 June 2023, subject to various transitional arrangements which are not applicable to the present application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court of Australia, the case of Respect Group Limited T/A Respect Group Limited involved an application for the approval of the Respect Group Limited, Victorian Enterprise Agreement 2024. The application was brought by the employer, Respect Group Limited, seeking endorsement of the proposed enterprise agreement by the Fair Work Commission. The union representing the employees, the Transport Workers Union of Australia, opposed the application, arguing that the agreement failed to meet the requirements of the Fair Work Act 2009.

The primary legal issues that the court needed to decide were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, including the requirements for good faith bargaining and the provision of a safety net for employees. Additionally, the court examined whether the agreement provided adequate protections and benefits for the employees, ensuring that it did not undermine their rights and entitlements under the law.

The court, in its reasoning, carefully considered the provisions of the proposed agreement and the submissions made by both parties. The court found that the agreement substantially complied with the legislative requirements, including the good faith bargaining provisions and the safety net standards. The court noted that the agreement provided fair and reasonable terms for the employees, offering adequate protections and benefits, thus meeting the statutory standards. Consequently, the court approved the Respect Group Limited, Victorian Enterprise Agreement 2024.

The final orders of the court were to approve the enterprise agreement, subject to the terms and conditions outlined in the agreement itself. The decision was made effective upon the filing of the court's approval with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established