The Royal Society for The Prevention of Cruelty to Animals (Victoria)

[2024] FWCA 3665

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Royal Society for The Prevention of Cruelty to Animals (Victoria)

(AG2024/3531)

Animal care and veterinary services
COMMISSIONER TRAN	MELBOURNE, 22 OCTOBER 2024

Application for approval of the RSPCA Victoria Inspectorate Enterprise Agreement 2024-2028

The Royal Society for the Prevention of Animal Cruelty has applied for approval of an enterprise agreement known the RSPCA Victoria Inspectorate Enterprise Agreement 2024-2028 (the Agreement) under s 185 of the Fair Work Act 2009 (the Act).

The Agreement is a single enterprise agreement.

I observe that the Clause 25 – Annual Leave is likely to be inconsistent with the National Employment Standards (NES) as it expresses the entitlement to annual leave in days instead of weeks. I note clause 5 of the Agreement, which gives precedence to the NES and am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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 undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Australian Municipal, Administrative, Clerical and Services Union lodged a Form F18 statutory declaration giving notice under s183 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 organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 29 October 2024.

In Accordance with Clause 3.2 of the Agreement, the nominal expiry date is 13 September 2028.

COMMISSIONER

Appearances:

Hearing details:

Final written submissions:

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Royal Society for the Prevention of Cruelty to Animals (Victoria) has sought approval for the RSPCA Victoria Inspectorate Enterprise Agreement 2024-2028, an enterprise agreement under the Fair Work Act 2009. This agreement governs the terms and conditions of employment for the society’s inspectors. The Australian Municipal, Administrative, Clerical and Services Union has also indicated its interest in the agreement covering its members. Commissioner Tran was tasked with determining whether the agreement met the statutory requirements for approval and if it provided for fair and reasonable terms.

The primary legal issue was whether the agreement complied with the Fair Work Act, particularly in light of potential inconsistencies with the National Employment Standards. Specifically, the Commissioner noted that Clause 25 of the agreement, which specifies annual leave entitlement in days rather than weeks, seemed to conflict with the NES. However, Clause 5 of the agreement provided that the NES would take precedence in cases of inconsistency, resolving this potential conflict. Additionally, the Commissioner had to ensure that the employer’s written undertakings did not result in any financial detriment to employees or substantial changes to the agreement.

Commissioner Tran was satisfied that the agreement met all relevant requirements of the Fair Work Act. The written undertakings provided by the employer were deemed sufficient and would not cause financial detriment or substantial changes. The agreement’s terms, including those related to annual leave, would be governed by the more beneficial standards set out in the NES. The Commissioner also noted that the union had validly indicated its interest in the agreement covering its members. Consequently, the agreement was approved and would commence on 29 October 2024, with a nominal expiry date of 13 September 2028.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established