RSL Victorian Branch Incorporated

[2014] FWCA 8110

FAIR WORK COMMISSION

DECISION

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

RSL Victorian Branch Incorporated
(AG2014/9835)

RSL VICTORIAN BRANCH INCORPORATED ENTERPRISE AGREEMENT 2014

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 17 NOVEMBER 2014

Application for approval of the RSL Victorian Branch Incorporated Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RSL Victorian Branch Incorporated Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by RSL Victorian Branch Incorporated. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 24 November 2014. The nominal expiry date is 1 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the RSL Victorian Branch Incorporated for approval of the RSL Victorian Branch Incorporated Enterprise Agreement 2014. The application arose from negotiations between the employer and the trade union representing the employees. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement was genuinely negotiated, if it complied with the good faith bargaining requirement, and whether it contained terms that were fair and reasonable. Additionally, the Commission had to consider whether the agreement provided adequate protections for employees, including those who were not members of the union.

The Commission found that the agreement was genuinely negotiated and complied with the good faith bargaining requirement. The Commission was satisfied that the agreement contained terms that were fair and reasonable and provided adequate protections for employees. The Commission also found that the agreement was in the best interests of the employees and the employer. The Commission approved the agreement, subject to certain modifications to address specific concerns raised during the hearing.

The final orders of the Commission included the approval of the enterprise agreement, subject to the modifications made during the hearing. The Commission also directed the employer to take steps to ensure that the agreement was properly communicated to all affected employees and that any disputes arising under the agreement were resolved in accordance with the procedures set out in the agreement. The Commission further directed that the agreement be registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established