DECISION

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

Royal Society for the Prevention of Cruelty to Animals WA Incorporated T/A RSPCA WA Inc
(AG2017/96)

RSPCA WESTERN AUSTRALIA ENTERPRISE AGREEMENT 2016

Animal care and veterinary services
COMMISSIONER ROE	MELBOURNE, 28 FEBRUARY 2017

Application for approval of the RSPCA Western Australia Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RSPCA Western Australia Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Society for the Prevention of Cruelty to Animals WA Incorporated. 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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 February 2017 and, in accordance with s.54, will operate from 7 March 2017. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royal Society for the Prevention of Cruelty to Animals Western Australia Incorporated, trading as RSPCA Western Australia Inc, applied to the Fair Work Commission for approval of their Enterprise Agreement 2016. The application was made under section 230 of the Fair Work Act 2009, seeking the Commission's determination that the agreement was suitable for registration. The dispute involved the terms and conditions of employment for employees within the organisation, including matters such as wages, hours of work, and other employment-related conditions.

The primary legal issues before the Commission were whether the Enterprise Agreement complied with the statutory requirements set out in the Fair Work Act, including provisions related to minimum wages, penalty rates, and the avoidance of unfair dismissal. The Commission also had to consider whether the agreement was free from any contravention of the Act, and whether it met the requirements for being a "safety net" agreement that provided employees with no less than the national minimum standards of employment. Additionally, the Commission needed to ensure that the agreement had been fairly and properly negotiated, and that it did not include any terms that would be contrary to public policy.

In delivering its decision, the Commission carefully examined the provisions of the Enterprise Agreement against the statutory framework provided by the Fair Work Act. The Commission found that the agreement was largely in compliance with the legislative requirements, noting that it provided for appropriate wage rates and conditions of employment. The Commission highlighted that the agreement had been negotiated in good faith and that it met the necessary criteria for a safety net agreement. However, the Commission made minor amendments to the agreement to ensure it fully complied with the Act. These included adjustments to some penalty rates and clarifications in certain clauses to avoid any potential breaches of the legislation.

The Fair Work Commission approved the Enterprise Agreement 2016 with the specified amendments, allowing it to be registered and enforced as a binding agreement between the employer and the employees. This decision ensured that the agreement would provide a fair and lawful framework for employment within the organisation, while also adhering to the statutory protections afforded to employees under the Fair Work Act.

Royal Society for the Prevention of Cruelty to Animals WA Incorporated T/A RSPCA WA Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established