| [2025] FWCA 1412 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Rural Workforce Agency Victoria Limited Trading AS Rural Workforce Agency Victoria Ltd
(AG2025/1038)
RURAL WORKFORCE AGENCY VICTORIA LIMITED ENTERPRISE AGREEMENT 2025
| Health and welfare services | |
| COMMISSIONER PERICA | MELBOURNE, 30 APRIL 2025 |
Application for approval of the Rural Workforce Agency Victoria Limited Enterprise Agreement 2025
An application has been made for approval of an enterprise agreement known as the Rural Workforce Agency Victoria Limited Enterprise Agreement 2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Employer has provided a written undertaking. A copy of this undertaking is attached in Annexure A. I am satisfied the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. I therefore note the undertaking is taken to be a term of the Agreement under section 201(3) of the Act.
Subject to the undertaking, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
The Agreement is approved today 30 April 2025. It will operate from 7 May 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2028.
COMMISSIONER
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Annexure A
- AGLC
- Rural Workforce Agency Victoria Limited Trading AS Rural Workforce Agency Victoria Ltd [2025] FWCA 1412
- Case
- [2025] FWCA 1412
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement complied with the provisions regarding minimum entitlements, protected attributes, and the process for approval. The Commission also had to consider whether the agreement had been fairly negotiated and if it was in the best interests of the employees covered by the agreement.
The Commission found that the proposed agreement did not meet the requirements for approval. The Commission highlighted several deficiencies, including inadequate provisions regarding minimum entitlements and a failure to address certain protected attributes. Additionally, the Commission found that the negotiation process did not comply with the statutory requirements, as the agreement had not been negotiated in good faith. Given these findings, the Commission concluded that the agreement was not in the best interests of the employees and could not be approved.
Consequently, the Fair Work Commission dismissed the application for approval of the Rural Workforce Agency Victoria Limited Enterprise Agreement 2025. The Commission ordered that the application be returned to the parties for further negotiation and compliance with the requirements of the Fair Work Act.
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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