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

[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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Returned & Services League of Australia (Victorian Branch), trading as RSL Victoria, which sought approval for the RSL Victoria Enterprise Agreement 2024-2028. The application was heard in the Fair Work Commission, where the central dispute centred on the procedural fairness of the negotiation process and the appropriateness of the proposed terms within the agreement. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the negotiation process adhered to the principles of procedural fairness, as mandated by the Fair Work Act. Specifically, the Commission had to assess if RSL Victoria appropriately engaged with its employees and their representatives throughout the negotiation process. Another significant issue was the examination of the proposed terms within the enterprise agreement to ensure they complied with the statutory criteria for approval. This included ensuring the agreement did not adversely affect the employees' conditions and that it provided for adequate mechanisms for dispute resolution.

In delivering its decision, the Commission first addressed the procedural fairness of the negotiation process. It found that RSL Victoria had engaged with its employees and their representatives in good faith, providing them with the opportunity to participate in the negotiation process. The Commission concluded that the process was fair and transparent, and thus met the statutory requirements. Regarding the substantive terms of the agreement, the Commission found that the proposed terms were appropriate and did not adversely affect the employees' conditions. The agreement provided for adequate mechanisms for dispute resolution and complied with the statutory criteria for approval. Therefore, the Commission approved the RSL Victoria Enterprise Agreement 2024-2028.

As a result of the Commission's decision, the RSL Victoria Enterprise Agreement 2024-2028 was approved, effective from the date of the decision. The agreement will now govern the employment conditions of the relevant employees for the specified period.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established