The Royal Society For The Prevention Of Cruelty To Animals (Queensland) Limited
[2024] FWCA 4431
•11 DECEMBER 2024
| [2024] FWCA 4431 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
The Royal Society For The Prevention Of Cruelty To Animals (Queensland) Limited
(AG2024/4359)
THE ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (QUEENSLAND) LIMITED - ENTERPRISE AGREEMENT 2024
| Animal care and veterinary services | |
| DEPUTY PRESIDENT DOBSON | BRISBANE, 11 DECEMBER 2024 |
Application for approval of the Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited – Enterprise Agreement 2024
This decision deals with an application made for approval of an enterprise agreement known as the The Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited - Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Royal Society for the Prevention of Cruelty to Animals (Queensland) Limited T/A RSPCA Qld (the Applicant/RSPCA). The Agreement is a single enterprise agreement.
I note in respect of part time employees working overtime, clause 4.1.2 of the Agreement is different to clause 10.6 of the Award provision but I do not consider it to be detrimental. I accept that the provision results in an easing of an administrative burden on RSPCA in achieving a flexibility for which provision is already made in the Award. An employee and RSPCA are able to agree on a variation contemplated by the Award but through a scheme involving that requires less frequently signed written variation agreements. The existence of flexibility arrangements requiring written agreement provides both flexibility to an employer and safeguards to an employee. The requirement for a written agreement acts as both a safeguard and evidence of agreement. The Agreement requires the standing consent to be in writing. It also allows, without the burden of writing, for an employee to refuse to work particular hours on any occasion notwithstanding the earlier written consent. Consequently, the employee is not bound by the earlier written consent. The balance of flexibility and safeguards is preserved by the provision in the Agreement. I therefore do not consider that the provision prevents the Agreement from passing the BOOT
The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.
Pursuant to s.190(3) of the Act, I accept the undertakings.
Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.
The United Workers Union (UWU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the UWU.
The Agreement is approved and will operate from 18 December 2024. The nominal expiry date of the Agreement is 1 July 2027.
DEPUTY PRESIDENT
[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.
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