DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Rural Workforce Agency Victoria Limited T/A Rural Workforce Agency Victoria
(AG2015/5400)

RURAL WORKFORCE AGENCY VICTORIA ENTERPRISE AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 15 SEPTEMBER 2015

Application for approval of the Rural Workforce Agency Victoria Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Rural Workforce Agency Victoria Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Rural Workforce Agency Victoria Limited T/A Rural Workforce Agency Victoria. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to Schedules A and B and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Agreement was approved in Chambers on 15 September 2015 and, in accordance with s.54 of the Act, will operate from 22 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rural Workforce Agency Victoria Limited, trading as Rural Workforce Agency Victoria, applied for the approval of the Rural Workforce Agency Victoria Enterprise Agreement 2015. The application was heard in the Fair Work Commission, the relevant industrial relations tribunal in Australia. The applicant sought to have the agreement approved under the Fair Work Act 2009, which regulates the terms and conditions of employment in Australia.

The legal issues before the Commission included whether the agreement met the statutory requirements for approval, such as whether it provided for the mandatory terms, and whether it was free from prohibited content. Additionally, the Commission had to determine if the agreement had been made in accordance with the procedural requirements of the Act, including whether it had been genuinely negotiated and whether it had been properly certified by the relevant bargaining representative.

The Commission found that the agreement was compliant with the statutory requirements. It provided for the mandatory terms and did not contain any prohibited content. The Commission was satisfied that the agreement had been genuinely negotiated and was in accordance with the procedural requirements of the Act. The Commission also found that the agreement had been properly certified by the relevant bargaining representative. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the Rural Workforce Agency Victoria Enterprise Agreement 2015, finding that it met the statutory requirements for approval and had been genuinely negotiated and properly certified. The agreement is now legally binding on the parties and will regulate the terms and conditions of employment for the relevant workforce.

Rural Workforce Agency Victoria Limited T/A Rural Workforce Agency Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established