DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Richmond Fellowship Tasmania Inc T/A Richmond Fellowship Tasmania
(AG2018/5320)

RICHMOND FELLOWSHIP TASMANIA INC. ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 5 JULY 2019

Application for approval of the Richmond Fellowship Tasmania Inc. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Richmond Fellowship Tasmania Inc. Enterprise Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Richmond Fellowship Tasmania Inc T/A Richmond Fellowship Tasmania. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Municipal/ Administrative, Clerical and Services Union (ASU) Vic/Tas Authorities & Services Branch and the Health Services Union, Tasmania Branch, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Richmond Fellowship Tasmania Inc T/A Richmond Fellowship Tasmania, the applicant, sought approval for an Enterprise Agreement 2018. The application was made to the Fair Work Commission, where the central issue was the validity and fairness of the proposed agreement, which sought to regulate employment terms and conditions for employees within the organisation. The dispute centred around the procedural fairness of the agreement, specifically whether the appropriate consultation and negotiation processes were followed in its creation.

The legal issues before the court involved whether the applicant had fulfilled the requirements of the Fair Work Act 2009, particularly the necessity of good faith bargaining and the adequacy of the consultation process. The court was required to determine if the applicant had engaged in genuine negotiations and whether the agreement reflected the outcomes of those negotiations. Additionally, the court needed to assess if the agreement met the standards of procedural fairness, ensuring that employees had a meaningful opportunity to contribute to the bargaining process.

The Fair Work Commission found that the applicant had indeed engaged in genuine negotiations and had followed the necessary consultation processes. The Commission held that the applicant had acted in good faith and that the agreement reflected the outcomes of those negotiations. The court also noted that the agreement provided adequate protection for employees' rights and interests. Consequently, the Commission approved the Enterprise Agreement 2018, affirming its fairness and compliance with the statutory requirements.

The final orders of the Fair Work Commission were that the Enterprise Agreement 2018 be approved and registered, effective from the date of the decision. The Commission mandated that the applicant ensure compliance with the agreement and take necessary steps to inform employees of its contents and the approval process.

Richmond Fellowship Tasmania Inc T/A Richmond Fellowship Tasmania

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established