DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Richmond Fellowship Tasmania Inc. t/a RFT
(AG2015/6532)

RFT ENTERPRISE AGREEMENT 2015-2016

Tasmania
COMMISSIONER ROE	MELBOURNE, 27 NOVEMBER 2015

Application for approval of the RFT Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the RFT Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Richmond Fellowship of Tasmania Inc. t/a RFT. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Health Services Union of Australia and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 27 November 2015 and, in accordance with s.54, will operate from 4 December 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Richmond Fellowship Tasmania Inc. trading as RFT and their application for approval of the RFT Enterprise Agreement 2015-2016. The application was made under the Fair Work Act 2009, with the primary issue being whether the agreement met the criteria for registration and whether it was in the best interests of the employees and the organisation.

The legal issues central to the decision included whether the agreement had been made in good faith, if it covered all necessary terms and conditions of employment, and whether it adhered to the relevant provisions of the Fair Work Act. The commission also needed to determine whether the agreement met the standards of procedural fairness and whether it provided for the fair resolution of workplace disputes. Additionally, the fairness of the agreement to the employees, particularly concerning any potential disadvantages, was scrutinised.

In reaching its decision, the Fair Work Commission evaluated the application against the statutory requirements for enterprise agreements. The commission found that the agreement contained all the necessary elements, including minimum terms and conditions, and had been negotiated in good faith. The commission was satisfied that the agreement was procedurally fair and did not disadvantage the employees. Consequently, the commission approved the RFT Enterprise Agreement 2015-2016, deeming it to be in the best interests of both the employees and the organisation.

Richmond Fellowship Tasmania Inc. t/a RFT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established