DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Royal Society for the Prevention of Cruelty to Animals; New South Wales T/A RSPCA New South Wales
(AG2020/2900)

RSPCA NEW SOUTH WALES INSPECTORS WORKPLACE AGREEMENT 2020 - 2024

Animal care and veterinary services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 OCTOBER 2020

Application for approval of the RSPCA New South Wales Inspectors Workplace Agreement 2020-2024.

[1] An application has been made for approval of an enterprise agreement known as the RSPCA New South Wales Inspectors Workplace Agreement 2020-2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Royal Society for the Prevention of Cruelty to Animals; New South Wales T/A RSPCA New South Wales. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement lodged contained referencing errors throughout the Agreement. On 19 October 2020, the Applicant filed an amended Agreement, fixing the referencing, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2020. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Royal Society for the Prevention of Cruelty to Animals, trading as RSPCA New South Wales, for approval of their Workplace Agreement for Inspectors between 2020 and 2024. The application came about as part of a process to approve workplace agreements under the Fair Work Act 2009, which requires certain agreements to be approved by the Fair Work Commission if they are to have effect.

The central legal issue the Commission had to resolve was whether the proposed agreement met the requirements for approval under the Fair Work Act. This involved considering whether the agreement provided for terms and conditions that were no less favourable than the relevant national workplace determination and whether the agreement had been made in accordance with the good faith bargaining requirements. Additionally, the Commission needed to assess whether the agreement complied with the ‘better off overall test’ which requires that the agreement must not be worse for the employees than the existing terms and conditions.

In examining the agreement, the Commission found that the proposed terms and conditions were no less favourable than those set out in the relevant national workplace determination and that the agreement had been made in good faith. The Commission also determined that the agreement satisfied the better off overall test, as employees would not be worse off under the new agreement. Consequently, the Commission approved the Workplace Agreement for Inspectors for the period from 2020 to 2024. The decision was made on the basis that the agreement provided fair and reasonable terms and conditions for the employees, and it complied with the statutory requirements for approval.

The Royal Society for the Prevention of Cruelty to Animals; New South Wales T/A RSPCA New South Wales

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established