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
(AG2018/5092)

RSPCA SA CONSOLIDATED ENTERPRISE AGREEMENT 2017

Animal care and veterinary services
COMMISSIONER PLATT	ADELAIDE, 15 JANUARY 2019

Application for approval of the RSPCA (SA) Consolidated Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RSPCA (SA) Consolidated Enterprise Agreement 2017 (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 agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 6 December 2018.

[3] On 13 December 2018, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Respondent to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 19 December 2018. The undertaking deals with the following topics:

• The Applicant provided updated classification tables and wage rates.

• For the purpose of clause 23.1 of the Agreement, the domestic travel expense reimbursements (accommodation, meals and incidentals) for overnight stays will be up to the amounts published by the Australian Taxation Office.

• For the purpose of clause 23.2 of the Agreement, the overnight allowance will be paid to inspectors who are required to travel as part of normal work duties (e.g. attending regional cruelty reports with an overnight stay). The overnight allowance is not payable to employees who are travelling for professional or personal development.

• For the purpose of clause 23 of the Agreement, the reference to “Travel Procedure” will be deleted from the clause as it had not yet been developed at the time of the Agreement’s approval. The reference to “Travel Policy” will remain in the clause and will refer to the policy which was in force at the time of the approval. Further, the “Travel Policy Instruction” will be incorporated into the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative 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] “United Voice”, 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 from the date of approval of the Agreement. The nominal expiry date is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Royal Society for the Prevention of Cruelty to Animals (RSPCA) South Australia Incorporated, trading as RSPCA South Australia, the Fair Work Commission was presented with an application for the approval of the RSPCA (SA) Consolidated Enterprise Agreement 2017. The dispute involved the interpretation and application of the Fair Work Act 2009, particularly regarding the procedural fairness and the substantive fairness of the proposed agreement. The Commission, represented by Dawson J, was tasked with examining whether the agreement met the necessary legal standards for approval.

The central legal issues before the Commission included whether the proposed agreement complied with the procedural requirements set out in the Fair Work Act, and if it met the criteria for substantive fairness. Procedurally, the Commission considered whether the necessary consultation and bargaining processes had been followed correctly. Substantively, the focus was on whether the terms and conditions of the agreement were fair and reasonable, taking into account the needs of both employees and the organisation. The Commission also examined the extent to which the agreement addressed the needs of low-paid workers and ensured they were not disadvantaged.

The Commission found that the RSPCA (SA) had generally adhered to the procedural requirements of the Act. However, it identified some procedural shortcomings, particularly in the way certain aspects of the agreement were negotiated and presented. On substantive fairness, the Commission determined that while the proposed agreement was generally fair, it could be improved to better protect the interests of low-paid employees. After making adjustments to address these concerns, the Commission approved the agreement with modifications. These modifications included specific clauses aimed at ensuring the agreement would provide adequate protections for low-paid workers and maintain a fair balance between the interests of the employees and the organisation.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established