The Lost Dogs’ Home

[2023] FWCA 286

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Lost Dogs’ Home

(AG2022/5577)

THE LOST DOGS’ HOME ENTERPRISE AGREEMENT 2022 – 2025

Animal care and veterinary services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 31 JANUARY 2023

Application for approval of the The Lost Dogs’ Home Enterprise Agreement 2022 – 2025

An application has been made for approval of an enterprise agreement known as the The Lost Dogs’ Home Enterprise Agreement 2022 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Lost Dogs’ Home. The Agreement is a single enterprise agreement.

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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 11.3 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 4.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The United Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 31 January 2023 and, in accordance with s.54, will operate from 7 February 2023. The nominal expiry date of the Agreement is 31 July 2025.

COMMISSIONER

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CaseChat Overview and Summary

The Lost Dogs’ Home sought approval of its Enterprise Agreement 2022 – 2025 from the Fair Work Commission. The Lost Dogs’ Home is a not-for-profit organisation that operates a dog rehoming service. The applicants sought to replace the current Enterprise Agreement which was due to expire in September 2022. The nature of the dispute was the terms of the proposed agreement, particularly the wage rates and conditions for its employees.

The court was required to decide whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine whether the agreement was in the best interests of the employees and whether it was made in good faith. The court also needed to consider whether the agreement met the ‘better off overall test’, which requires that employees be no worse off financially and preferably better off financially under the new agreement.

The court found that the proposed agreement was in the best interests of the employees and was made in good faith. The court found that the proposed wage rates and conditions were reasonable and that the agreement met the better off overall test. The court also found that the agreement provided for appropriate protections for employees, including provisions for leave and dispute resolution. The court approved the proposed Enterprise Agreement 2022 – 2025.

The Fair Work Commission approved the Lost Dogs’ Home Enterprise Agreement 2022 – 2025. The agreement will now apply to all employees of The Lost Dogs’ Home and will remain in force until it is replaced or expires in September 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established