AQA Victoria Limited T/A AQA Victoria

[2025] FWCA 158

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

AQA Victoria Limited T/A AQA Victoria

(AG2024/5020)

AQA VICTORIA LIMITED ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 16 JANUARY 2025

Application for approval of the AQA Victoria Limited Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the AQA Victoria Limited Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by AQA Victoria Limited T/A AQA Victoria. The Agreement is a single enterprise agreement.

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 Health Services Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 January 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

AQA Victoria Limited, trading as AQA Victoria, applied to the Fair Work Commission for the approval of the AQA Victoria Limited Enterprise Agreement 2024. The nature of the dispute was whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction to make such determinations.

The primary legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions for the employees of AQA Victoria, and whether it complied with the mandatory provisions of the Fair Work Act. This included assessing if the agreement allowed for proper consultation with employees, and if it contained adequate dispute resolution mechanisms. The Commission also needed to consider if the agreement would have a detrimental effect on the employees or the broader industrial relations system.

The Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions for the employees, and that it complied with the mandatory provisions of the Fair Work Act. The Commission noted that there had been proper consultation with employees during the negotiation process, and that the agreement contained appropriate dispute resolution mechanisms. The Commission also concluded that the agreement would not have a detrimental effect on the employees or the broader industrial relations system. As a result, the Commission approved the AQA Victoria Limited Enterprise Agreement 2024.

The Fair Work Commission's final orders included the approval of the AQA Victoria Limited Enterprise Agreement 2024, with the agreement to be registered by the Commission. The orders also included provisions for the agreement to be brought to the attention of all employees, and for the agreement to be displayed in a prominent location at each workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established