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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Royal Society for the Prevention of Cruelty to Animals (SA) Inc, trading as RSPCA, applied for approval of the RSPCA (SA) Consolidated Enterprise Agreement 2015. The dispute arose from negotiations between the RSPCA and its employees, represented by the Australian Services Union (SA Branch). The crux of the disagreement centred on various aspects of the proposed agreement, including wages, conditions, and other employment terms.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions, and if it adhered to the principles of good faith bargaining and procedural fairness during the negotiation process. Additionally, the Commission needed to assess if the agreement contained any terms that were inconsistent with the Fair Work Act or the Fair Work Regulations 2009.

The Commission found that the proposed agreement was fair and reasonable, taking into account the economic circumstances, including the financial position of the RSPCA, and the need for flexibility and adaptability in the workplace. The Commission also determined that the agreement was the product of good faith bargaining and procedural fairness, as evidenced by the negotiation process and the content of the agreement. The Commission approved the agreement, noting that while some of the terms may not be ideal for the employees, they were necessary to ensure the financial sustainability of the RSPCA. The Commission's decision was based on a balance of interests, considering the need for fair and reasonable terms and conditions for employees, as well as the need for the organisation to remain financially viable. The approval of the agreement ensures that the employees of the RSPCA will have a fair and reasonable set of terms and conditions to govern their employment relationship.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established