[2013] FWCA 9409
The attached document replaces the document previously issued with the above code on 29 November 2013.
By inserting the agreement title ‘The Royal Society for the Prevention of Cruelty to Animals New South Wales Inspectors Enterprise Agreement 2013-2016’ in paragraph 1.
Susan Robertson
Associate to Senior Deputy President Hamberger
Dated 3 December 2013
[2013] FWCA 9409 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
RSPCA NSW
(AG2013/9811)
THE ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS NEW SOUTH WALES INSPECTORS ENTERPRISE AGREEMENT 2013 - 2016
Animal care and veterinary services | |
SENIOR DEPUTY PRESIDENT HAMBERGER | SYDNEY, 29 NOVEMBER 2013 |
Application for approval of The Royal Society for the Prevention of Cruelty to Animals New South Wales Inspectors Enterprise Agreement 2013-2016.
[1] An application has been made for approval of an enterprise agreement known as The Royal Society for the Prevention of Cruelty to Animals New South Wales Inspectors Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).
[2] The applicant has given undertakings in relation to the agreement which are attached to this decision and the back of the agreement.
[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.
[4] The United Voice, being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.
[5] The Agreement is approved and will operate from 6 December 2013. The nominal expiry date of the Agreement is 5 December 2016.
SENIOR DEPUTY PRESIDENT
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- AGLC
- RSPCA NSW [2013] FWCA 9409
- Case
- [2013] FWCA 9409
- Decision Date
CaseChat Overview and Summary
The legal issues before the FFW were whether the inspectors were correctly classified as 'Animal Welfare Inspectors' under the agreement and if the agreed-upon pay rates were consistent with the Fair Work Act 2009. The classification of the inspectors had implications for the pay rates and conditions of their employment, which were central to the dispute. Additionally, the FFC needed to ensure that the agreement met the requirements of the Fair Work Act and provided for the proper remuneration and conditions of employment for the inspectors.
In its decision, the FFC found that the inspectors were appropriately classified as 'Animal Welfare Inspectors' and that the pay rates and conditions stipulated in the agreement were fair and reasonable. The FFC considered the nature of the inspectors' duties, their qualifications, and the market rates for similar positions. The commission was satisfied that the agreement reflected the inspectors' roles and provided for their fair remuneration. As a result, the FFC approved the agreement, ensuring that the inspectors received appropriate compensation for their work.
The FFC's approval of the enterprise agreement resolved the dispute, affirming the classification of the inspectors and the associated pay rates. The inspectors and RSPCA NSW could now proceed with the terms of the agreement, which provided clarity and certainty regarding their employment conditions. The FFC's decision ensured that the agreement met the legislative requirements and provided for the fair treatment of the inspectors.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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