The Royal Society for The Prevention of Cruelty to Animals (Victoria)
[2024] FWCA 3665
•22 OCTOBER 2024
| [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
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Annexure A
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