The Royal Society for the Prevention of Cruelty to Animals (RSPCA) South Australia Incorporated T/A RSPCA South Australia

[2021] FWCA 5413

[2021] FWCA 5413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Royal Society for the Prevention of Cruelty to Animals (RSPCA) South Australia Incorporated T/A RSPCA South Australia
(AG2021/6759)

RSPCA SA CONSOLIDATED ENTERPRISE AGREEMENT 2020

Animal care and veterinary services
COMMISSIONER PLATT	ADELAIDE, 1 SEPTEMBER 2021

Application for approval of the RSPCA SA Consolidated Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RSPCA SA Consolidated Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Royal Society for the Prevention of Cruelty to Animals (RSPCA) South Australia Incorporated T/A RSPCA South Australia (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 August 2021 and was determined on the papers.

[3] I do not believe that the inclusion of the company letterhead on the Notice of Employee Representational Rights (NERR) had the effect of disenfranchising any employee who is covered by the proposed Agreement from participation in the bargaining process. I am satisfied (taking into consideration s.188(2) of the Act and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others) that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

[4] The Applicant has submitted an undertaking in the required form dated 31 August 2021. The undertaking deals with the following topics:

•  A ‘shift worker’ is defined as a 7 day shift worker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week, and it is noted that this definition will be for the purposes of the National Employment Standards (NES).

•  The employer will pay casual employees the following overtime rates for the duration of the Agreement:

•  For Monday to Saturday, 175% of the minimum hourly rate for the first 3 hours and 225% of the minimum hourly rate after 3 hours.

•  For Sunday, 225% of the minimum hourly rate with a minimum payment of 3 hours provided the employee is ready, willing and available to work such overtime.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union (UWU), 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) of the Act I note that the Agreement covers this organisation.

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

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 1 July 2023.

COMMISSIONER

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