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.

CaseChat Overview and Summary

The Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited sought approval of the RSPCA - Queensland Inc. General Staff Enterprise Agreement 2019 from the Fair Work Commission. The application was heard by Commissioner Sullivan. The RSPCA argued that the agreement complied with the Fair Work Act 2009 and should be approved. The Fair Work Commission was required to determine if the enterprise agreement met the requirements under the Fair Work Act, including that it provided for fair and reasonable terms and conditions and did not undermine the ability of employees to exercise their workplace rights.

Commissioner Sullivan found that the enterprise agreement was not compliant with the Fair Work Act as it contained terms that were not fair and reasonable, and which had the potential to undermine employees’ workplace rights. The agreement contained provisions that were overly restrictive and did not allow for sufficient flexibility in work arrangements, which was found to be unreasonable. The Commissioner also found that the agreement did not adequately protect employees’ rights to be free from discrimination and harassment in the workplace. The application for approval was therefore dismissed.

The Fair Work Commission's decision provides guidance for employers seeking to draft enterprise agreements that meet the requirements of the Fair Work Act. Employers should ensure that their agreements provide for fair and reasonable terms and conditions, and do not undermine employees' workplace rights. The decision highlights the importance of providing sufficient flexibility in work arrangements and protecting employees from discrimination and harassment in the workplace.

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

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established