DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Sydney Children’s Hospital House Ltd T/A Ronald McDonald House Charities Sydney Chapter
(AG2019/3187)

RONALD MCDONALD HOUSE CHARITIES MULTI-ENTERPRISE AGREEMENT 2019

Hospitality industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 OCTOBER 2019

Application for approval of the Ronald McDonald House Charities Multi-Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Ronald McDonald House Charities Multi-Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Sydney Children’s Hospital House Ltd T/A Ronald McDonald House Charities Sydney Chapter. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement lodged contained an error at Clause 6.2(h). On 26 September 2019, the Applicant filed an amended page of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 October 2019. The nominal expiry date of the Agreement is 1 October 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Sydney Children’s Hospital House Ltd T/A Ronald McDonald House Charities Sydney Chapter, the Fair Work Commission (FWC) was asked to consider an application for approval of the Ronald McDonald House Charities Multi-Enterprise Agreement 2019. The application was made by the employer under section 236 of the Fair Work Act 2009 (FW Act), seeking the Commission's approval for the agreement, which was intended to cover employees across various chapters of the Ronald McDonald House Charities (RMHC) organisation. The dispute centred on whether the agreement met the requirements of the FW Act for multi-enterprise agreements and whether it appropriately balanced the rights and interests of the employees and employers involved.

The primary legal issues before the Commission were whether the application complied with the relevant provisions of the FW Act and whether the agreement satisfied the requirements for multi-enterprise agreements. This included examining if the agreement appropriately covered employees working for different chapters of the RMHC, if it was made in good faith and without coercion, and if it provided adequate protections and benefits for the employees. Additionally, the Commission had to assess if the agreement provided a safety net of minimum terms and conditions, and whether it was consistent with the objectives of the FW Act.

In reaching its decision, the Commission carefully considered the application and the agreement, reviewing the evidence provided by both parties. The Commission found that the application and the agreement were made in good faith and without coercion, and that the agreement provided a safety net of minimum terms and conditions for the employees. The Commission concluded that the agreement was consistent with the objectives of the FW Act and was fair and reasonable, particularly given the unique circumstances of the RMHC organisation. Consequently, the Commission approved the Ronald McDonald House Charities Multi-Enterprise Agreement 2019.

The Fair Work Commission approved the Ronald McDonald House Charities Multi-Enterprise Agreement 2019, finding that it met the requirements of the Fair Work Act and provided an appropriate balance of rights and interests for the employees and employers involved. The Commission's approval was effective from the date of the decision and was to remain in force until superseded or terminated in accordance with the agreement or the FW Act.

Sydney Children’s Hospital House Ltd T/A Ronald McDonald House Charities Sydney Chapter

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established