Richmond Fellowship Tasmania Summary

[2021] FWCA 7308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Richmond Fellowship Tasmania
(AG2021/8707)

RICHMOND GROUP ENTERPRISE AGREEMENT 2021

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 DECEMBER 2021

Application for approval of the Richmond Group Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Richmond Group Enterprise Agreement 2021 (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 Tasmania. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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] I note that several clauses may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 6(b) of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] The Australian Municipal, Administrative, Clerical and Services Union and the Health 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 is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Richmond Fellowship Tasmania is a non-profit organisation that provides mental health support services in Tasmania. In this case, the applicants, Richmond Fellowship Tasmania, sought approval of the Richmond Group Enterprise Agreement 2021, which was to apply to their employees. The application was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory requirements and provided for fair and reasonable terms and conditions for the employees. The Commission had to consider whether the agreement met the criteria for approval, including whether it was made in good faith, provided for minimum terms and conditions, and did not discriminate against any employee or class of employees.

The Commission carefully reviewed the proposed agreement and found that it was made in good faith and met the statutory requirements. The agreement provided for minimum terms and conditions, including provisions for wages, hours of work, and leave entitlements. The Commission also found that the agreement did not discriminate against any employee or class of employees. Given the evidence and submissions, the Commission was satisfied that the proposed agreement provided for fair and reasonable terms and conditions for the employees.

Consequently, the Commission approved the Richmond Group Enterprise Agreement 2021. The agreement will now apply to the employees of Richmond Fellowship Tasmania, providing them with a clear understanding of their employment terms and conditions.

Richmond Fellowship Tasmania

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established