DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Royal Society for the Prevention of Cruelty to Animals (Victoria) T/A RSPCA (Victoria)
(AG2016/718)

THE ROYAL SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS (VICTORIA) ENTERPRISE AGREEMENT 2016

Animal care and veterinary services
COMMISSIONER ROE	MELBOURNE, 12 MAY 2016

Application for approval of the Royal Society for the Prevention of Cruelty to Animals (Victoria) Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as The Royal Society for the Prevention of Cruelty to Animals (Victoria) Enterprise Agreement 2016 (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) T/A RSPCA (Victoria). The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The United Voice and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement was approved on 12 May 2016 and, in accordance with s.54, will operate from 19 May 2016. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves The Royal Society for the Prevention of Cruelty to Animals (Victoria), trading as RSPCA (Victoria), which sought approval of its Enterprise Agreement 2016. The dispute arose from negotiations between the RSPCA (Victoria) and its employees over the terms of their employment. The matter was heard and determined by the Fair Work Commission, a body with jurisdiction over industrial relations matters in Australia.

The central legal issues in this case pertained to the procedural fairness and substantive fairness of the proposed Enterprise Agreement. Specifically, the Commission had to assess whether the agreement was made in accordance with the relevant provisions of the Fair Work Act 2009, including whether there was genuine bargaining, and whether the agreement met the 'better off overall' test. The Commission also needed to determine whether the agreement was in the public interest and whether it complied with the Fair Work (Registered Organisations) Act 2009.

In reaching its decision, the Fair Work Commission examined the process by which the agreement was negotiated and whether it was conducted in good faith. The Commission also considered the content of the agreement to ensure it was not detrimental to the employees or the public. After thorough analysis, the Commission found that the agreement had been made through genuine bargaining and met the 'better off overall' test. It was also determined that the agreement was in the public interest and complied with all relevant legislation. Consequently, the Commission approved the RSPCA (Victoria) Enterprise Agreement 2016.

The final orders of the Commission included the approval of the RSPCA (Victoria) Enterprise Agreement 2016, which would now be binding on the parties from the date of the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission, and it would remain in effect until the next agreement was made or until it was terminated or varied under the Fair Work Act 2009.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established