Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited

[2020] FWCA 1085

[2020] FWCA 1085

FAIR WORK COMMISSION

DECISION

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

Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited
(AG2019/4290)

RSPCA - QUEENSLAND INC. GENERAL STAFF ENTERPRISE AGREEMENT 2019

Animal care and veterinary services
COMMISSIONER SIMPSON	BRISBANE, 2 MARCH 2020

Application for approval of the RSPCA - Queensland Inc. General Staff Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RSPCA - Queensland Inc. General Staff Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited.

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[4] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

● Clause 5.4 – Unpaid Leave – Volunteer Work;

● Clause 5.9.5;

● Schedule 4, clause 7.1.4.

[5] However, noting the NES precedence undertaking provided by the Applicant, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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Appendix A.