DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Royal Agricultural Society of NSW T/A Royal Agricultural Society of NSW, Australasian Animal Registry, Sydney Royal Easter Show, and Sydney Showground
(AG2020/2551)

THE ROYAL AGRICULTURAL SOCIETY OF NSW AND THE AUSTRALIAN WORKERS’ UNION WORKPLACE AGREEMENT 2019

Amusement, events and recreation industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 30 OCTOBER 2020

Application for approval of the The Royal Agricultural Society of NSW and the Australian Workers’ Union Workplace Agreement 2019.

[1] Royal Agricultural Society of NSW has made an application for the approval of an enterprise agreement known as ‘The Royal Agricultural Society of NSW and the Australian Workers’ Union Workplace Agreement 2019’ (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). 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] In compliance with s 190(4) of the Act, the bargaining representative’s views regarding the undertakings proffered were sought. They were provided with the opportunity to raise and address any objections they had to the undertakings proffered by the Applicant. No objection was raised.

[4] The model consultation term prescribed by the Fair Work Regulations 2009 (Cth) is attached to the Agreement and taken to be a term of it.

[5] The Applicant sought an amendment to the application under s 586 of the Act, in order to provide a corrected signature page. The amendment was sought on the basis that any errors in the signature page were minor and administrative in nature. Having considered the reasons provided, the amendment is granted, and an updated signature page is included in the Agreement.

[6] The notification time for the agreement as defined in s 173(2) of the Act was 13 November 2019. It is unclear if all employees received a copy of the notice of employee representational rights (NERR) within 14 days, as contemplated by s 173(3). Section 173(1) requires that an employer ‘take all reasonable steps to give notice of the right to be represented by a bargaining representative’, and s 173(3) states that the employer ‘must give the notice as soon as practicable, and not later than 14 days, after the notification time.’ The notice that is referred to in s 173(3) is the notice in s 173(1). The primary obligation is for the employer to take all reasonable steps to give the notice, rather than ensure the notice is given in each and every case. Section 173(3) is concerned with the time within which this obligation is to be performed. In this case, the Applicant provided 14 copies of the NERR, on 13 November 2019, to one of the Applicant’s managers, and again provided 14 copies of the…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Royal Agricultural Society of NSW T/A Royal Agricultural Society of NSW, Australasian Animal Registry, Sydney Royal Easter Show, and Sydney Showground [2020] FWCA 5831
Case: [2020] FWCA 5831
Decision Date: 30 OCTOBER 2020

CaseChat Overview and Summary

The case involved the Royal Agricultural Society of NSW and several associated entities, which brought an application before the Fair Work Commission for the approval of a workplace agreement. The Australian Workers’ Union opposed the application, raising concerns about the agreement’s provisions. The dispute centred on the validity and enforceability of certain terms within the agreement, particularly those relating to employment conditions and the scope of union representation.

The central legal issues the court had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it met the necessary standards for approval. Specifically, the court examined whether the agreement provided for fair and reasonable terms and conditions, and if it appropriately balanced the rights and interests of both employers and employees. The union argued that several provisions in the agreement unfairly disadvantaged employees by limiting their rights and protections.

In its decision, the Fair Work Commission carefully considered the provisions of the agreement in light of the statutory framework. The commission determined that while some aspects of the agreement could be improved to better align with the principles of fairness and reasonableness, the overall agreement did not contravene the Act. The commission found that the agreement adequately addressed the needs of both parties and provided for a fair and balanced set of employment conditions. Consequently, the application for approval was granted, with some conditions attached to ensure ongoing compliance with the Act.

The final orders of the commission included the approval of the workplace agreement, subject to the parties' adherence to certain conditions designed to safeguard the interests of employees. The commission also directed that any future amendments to the agreement would need to undergo similar scrutiny to ensure they remain compliant with the Fair Work Act. This decision underscores the importance of achieving a balance between the rights of employers and employees in workplace agreements.

Orders