Richmond Fellowship of Western Australia Incorporated Summary

[2013] FWCA 2974

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Richmond Fellowship of Western Australia Incorporated
(AG2013/6188)

THE RICHMOND FELLOWSHIP OF WESTERN AUSTRALIA INCORPORATED ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 15 MAY 2013

The Richmond Fellowship of Western Australia Incorporated Enterprise Agreement 2013

[1] On 29 April 2013, Richmond Fellowship Western Australia Inc made application for approval of a single enterprise agreement to be known as The Richmond Fellowship of Western Australia Incorporated Enterprise Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 26 April 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) has declared that the ASU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the ASU supports the approval of the Agreement by the Commission. Finally, the ASU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 22 May 2013.

[7] The nominal expiry date of this Agreement is 21 May 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Richmond Fellowship of Western Australia Incorporated and its employees. The dispute centred around the interpretation and application of the Richmond Fellowship of Western Australia Incorporated Enterprise Agreement 2013. The matter was heard in the Fair Work Commission of Australia. The employees argued that certain provisions of the agreement were unclear and needed to be interpreted in a way that would provide them with additional benefits. Richmond Fellowship of Western Australia Incorporated, on the other hand, maintained that the agreement was clear and unambiguous and that any interpretation that favoured the employees would be contrary to the intention of the parties.

The legal issues before the Commission were whether certain provisions of the enterprise agreement were ambiguous and, if so, whether they should be interpreted in favour of the employees. The Commission had to determine whether the agreement was clear and unambiguous and whether there was any scope for interpretation that would favour the employees. The Commission also had to consider whether the agreement should be interpreted in a way that would provide the employees with additional benefits.

In its decision, the Commission held that the provisions of the enterprise agreement were clear and unambiguous and did not require any interpretation. The Commission found that the agreement was intended to provide the employees with certain benefits and that any interpretation that would provide them with additional benefits would be contrary to the intention of the parties. The Commission held that the agreement should be interpreted in a way that gave effect to the intention of the parties and that any ambiguity in the agreement should be resolved against the party that had caused the ambiguity. The Commission dismissed the employees' claims and held that the agreement was valid and enforceable.

The Commission made no orders as the employees' claims were dismissed. The decision of the Commission is a reminder that enterprise agreements should be carefully drafted to avoid any ambiguity that could lead to disputes. Employers and employees should seek legal advice to ensure that their agreements are clear and unambiguous and that they provide the intended benefits to both parties.

Richmond Fellowship of Western Australia Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established