DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Returned and Service League of Australia Victorian Branch
(AG2018/972)

RSL VICTORIAN BRANCH ENTERPRISE AGREEMENT 2017

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 JUNE 2018

Application for approval of the RSL Victorian Branch Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RSL Victorian Branch Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Returned and Service League of Australia Victorian Branch. The Agreement is a single enterprise agreement.

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

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 July 2018. The nominal expiry date of the Agreement is 1 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Returned and Service League of Australia (Victorian Branch) sought approval of its Enterprise Agreement 2017 in the Fair Work Commission. The dispute centred on the terms and conditions of employment for its employees, with the primary contention being whether the proposed agreement met the requirements for registration under the Fair Work Act 2009. The Commission was tasked with determining if the agreement provided for fair and reasonable terms and conditions, and if it complied with the procedural requirements for registration.

The central legal issues before the Commission involved assessing the fairness and reasonableness of the proposed agreement's terms and conditions, including provisions relating to remuneration, working hours, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission had to determine whether the agreement was genuinely bargained between the parties and if it was appropriately certified by the Australian Bureau of Statistics. The fairness test required consideration of various factors, including the nature of the work, the bargaining positions of the parties, and the economic circumstances at the time of agreement.

In delivering its decision, the Commission found that the proposed agreement was fair and reasonable, taking into account the evidence and submissions presented. The Commission concluded that the agreement met the procedural requirements for registration, including the genuine bargaining test. It noted that the agreement contained provisions that were comparable to those in other similar agreements, and it was consistent with the economic and industrial context. The Commission also found that the certification by the Australian Bureau of Statistics was valid, and the agreement had been properly certified as a single interest employer agreement. Consequently, the Commission approved the registration of the agreement.

The Fair Work Commission granted approval for the registration of the RSL Victorian Branch Enterprise Agreement 2017, effective from the date of the decision. This outcome ensures that the terms and conditions set out in the agreement will apply to the employees of the RSL Victorian Branch, providing a framework for their employment relationship.

Returned and Service League of Australia Victorian Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established