RSPCA WA (Inc)
[2009] FWA 961
•5 NOVEMBER 2009
[2009] FWA 961 |
|
DECISION |
Fair Work Act 2009
s.185 – Application for approval of a single-enterprise agreement
(AG2009/788)
Industries not otherwise assigned | |
COMMISSIONER WILLIAMS | PERTH, 5 NOVEMBER 2009 |
Application for approval of the RSPCA WA Inspectors Collective Agreement.
[1] An application has been made for approval of an enterprise agreement known as the RSPCA WA Inspectors Collective Agreement (the Agreement). The Agreement is a single enterprise agreement. It has been made by RSPCA WA (Inc).
[2] For an agreement to be approved it must meet all the requirements of s. 186 and s. 187 of the Fair Work Act 2009. s. 186(6) is one such requirement (below):
“186 When FWA must approve an enterprise agreement—general requirements
Requirement for a term about settling disputes
(6) FWA must be satisfied that the agreement includes a term:
(a) that provides a procedure that requires or allows FWA, or another person who is independent of the employers, employees or employee organisations covered by the agreement, to settle disputes:
(i) about any matters arising under the agreement; and
(ii) in relation to the National Employment Standards; and
(b) that allows for the representation of employees covered by the agreement for the purposes of that procedure.
Note 1: FWA or a person must not settle a dispute about whether an employer had reasonable business grounds under subsection 65(5) or 76(4) (see subsections 739(2) and 740(2)).
Note 2: However, this does not prevent FWA from dealing with a dispute relating to a term of an enterprise agreement that has the same (or substantially the same) effect as subsection 65(5) or 76(4).”
[3] The enterprise agreement includes Clause 6.8 Dispute Settlement Procedure as follows:
“6.8 Dispute Settlement Procedure
Where a dispute concerning the operation of this Agreement arises, the following steps shall be taken:
As soon as practicable after the dispute has arisen, it shall be considered jointly by the Inspector’s Line manager and the Inspector(s) concerned.
If the dispute is not resolved it shall be considered jointly by the RSPCA Chief Executive and the Inspector(s) concerned for final resolution by the Chief Executive.
In order to facilitate steps above:
• At any stage of the procedure either party is entitled to representation by any person/organisation of their choice.
• The party with the grievance must notify the other party at the earliest opportunity of the dispute.
• Sensible time limits must be allowed for completion of the various stages of discussion, however the parties to the dispute must cooperate to ensure that steps above are carried out as quickly as possible and where possible within five working days.”
[4] Self evidently the RSPCA Chief Executive is not “… another person who is independent of the employers, …” covered by the agreement.
[5] This term of the agreement does not satisfy the mandatory pre-requisite for approval in s. 186(6).
[6] The agreement cannot be approved.
[7] This application is dismissed.
COMMISSIONER
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