The Royal Society for the Prevention of Cruelty to Animals (SA) Inc T/A RSPCA

[2015] FWCA 2529

[2015] FWCA 2529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Royal Society for the Prevention of Cruelty to Animals (SA) Inc T/A RSPCA
(AG2015/2221)

RSPCA (SA) CONSOLIDATED ENTERPRISE AGREEMENT 2014

Animal care and veterinary services
DEPUTY PRESIDENT BARTEL	ADELAIDE, 14 APRIL 2015

Application for approval of the RSPCA (SA) Consolidated Enterprise Agreement 2015.

[1] An application for approval of an enterprise agreement known as the RSPCA (SA) Consolidated Enterprise Agreement 2014 (the Agreement) has been made by the Royal Society for the Prevention of Cruelty to Animals (SA) Inc T/A RSPCA (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] The flexibility term in clause 9 of the Agreement does not comply with the statutory requirements in s.203(b) of the Act, as it does not require the employer to ensure that any individual flexibility arrangement must be about permitted matters and must not include an unlawful term. In accordance with s.202(4) of the Act, the model flexibility term is taken to be a term of the Agreement. The model flexibility term is appended to the Agreement as Schedule A.

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

[3] United Voice, being a bargaining representative for the Agreement, has given notice pursuant to s.183(2) of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers United Voice.

[4] The Agreement is approved. In accordance with s.54(1) of the Act the Agreement will operate from 21 April 2015. The nominal expiry date of the Agreement is 1 July 2017.

DEPUTY PRESIDENT

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