The Royal Society For The Prevention Of Cruelty To Animals (Victoria) Summary

[2024] FWCA 848

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Royal Society For The Prevention Of Cruelty To Animals (Victoria)

(AG2024/395)

RSPCA VICTORIA ENTERPRISE AGREEMENT 2024-2028

Animal care and veterinary services
COMMISSIONER CIRKOVIC	MELBOURNE, 7 MARCH 2024

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

An application has been made for approval of an enterprise agreement known as the RSPCA Victoria Enterprise Agreement 2024-2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Royal Society For The Prevention Of Cruelty To Animals (Victoria) (the Employer). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and 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, and on the basis of the material contained in the application, and the accompanying statutory declaration, 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 Services’ Union (ASU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 7 March 2024 and, in accordance with s 54, will operate from 14 March 2024. The nominal expiry date of the Agreement is 31 January 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved the Royal Society for the Prevention of Cruelty to Animals Victoria (RSPCA Victoria) and its employees represented by the Australian Services Union (ASU). The dispute centred around the approval of a proposed enterprise agreement for the period 2024 to 2028. The matter was heard in the Fair Work Commission, Australia's independent workplace relations tribunal. The application for approval was brought under section 234 of the Fair Work Act 2009, which allows for the registration of enterprise agreements.

The primary legal issues for the court to decide were whether the proposed enterprise agreement complied with the legislative requirements and if the process through which it was negotiated was fair and lawful. The court had to examine the agreement's provisions to ensure they met the criteria for registration, including whether they provided for the protection of employees' rights and interests. Additionally, the court needed to consider if there were any procedural irregularities in the negotiation and execution of the agreement.

In delivering its decision, the court thoroughly reviewed the provisions of the proposed agreement and the process by which it was negotiated. The court found that the agreement was consistent with the Fair Work Act and contained all the necessary elements for an enterprise agreement. The court also determined that there were no procedural irregularities and that the agreement was the product of genuine bargaining. As a result, the court approved the RSPCA Victoria Enterprise Agreement 2024-2028 and registered it under section 175 of the Fair Work Act. This decision provided certainty and stability to the employees covered by the agreement and ensured that the terms of their employment were fair and legally binding.

The Royal Society For The Prevention Of Cruelty To Animals (Victoria)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established