Returned & Services League Of Australia (Victorian Branch) T/A RSL Victoria

Case

[2025] FWCA 434

4 FEBRUARY 2025


[2025] FWCA 434

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Returned & Services League Of Australia (Victorian Branch) T/A RSL Victoria

(AG2025/18)

RSL VICTORIA ENTERPRISE AGREEMENT 2024 - 2028

Social, community, home care and disability services

COMMISSIONER YILMAZ

MELBOURNE, 4 FEBRUARY 2025

Application for approval of the RSL Victoria Enterprise Agreement 2024 - 2028

  1. An application has been made for approval of an enterprise agreement known as the RSL Victoria Enterprise Agreement 2024 - 2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Returned & Services League Of Australia (Victorian Branch) T/A RSL Victoria. The Agreement is a single enterprise agreement.

  1. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

  1. I observe clause 2.3 of the Agreement incorporates the workplace delegates’ rights term by making reference to clause 7A of the Social, Community, Home Care and Disability Services Industry Award 2010. As the workplace delegates’ rights term is not explicitly contained within the Agreement, pursuant to s.205A(2) of the Act, the workplace delegates’ rights term prescribed by the Social, Community, Home Care and Disability Services Industry Award 2010 is taken to be a term of the Agreement. For completeness, the delegates rights term is inserted at the end of the Agreement.

  1. The Agreement is approved and in accordance with s.54, will operate from 11 February 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

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