Australian Volunteers International (AVI) Summary

[2025] FWCA 420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Volunteers International (AVI)

(AG2024/5205)

AVI ENTERPRISE AGREEMENT 2024

Social, community, home care and disability services
COMMISSIONER YILMAZ	MELBOURNE, 3 FEBRUARY 2025

Application for approval of the AVI Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the AVI 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 Australian Volunteers International (AVI). 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, 193 and 193A 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 ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Australian Municipal, Administrative, Clerical and 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, will operate from 10 February 2025. The nominal expiry date of the Agreement is 20 January 2029.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Australian Volunteers International (AVI), an organisation dedicated to providing volunteer services, and its employees. The dispute was over the proposed 2024 Enterprise Agreement, which was to govern the terms and conditions of employment for AVI's staff. The Fair Work Commission (FWC) was tasked with assessing and approving the agreement under the Fair Work Act 2009. The employees, represented by a union, contested certain aspects of the agreement, asserting that it did not adequately address their concerns, particularly around remuneration and conditions of work.

The central legal issues revolved around whether the proposed agreement met the criteria set out in the Fair Work Act for direct approval. Specifically, the FWC needed to determine if the agreement provided fair and reasonable terms and conditions for the employees and if it complied with the 'better off overall test', ensuring that employees would not be worse off financially than under their previous conditions. The FWC also had to consider whether the agreement adhered to the 'no disadvantage test', which mandates that employees should not be disadvantaged compared to other workers in similar roles, even if they are not party to the agreement.

In delivering its decision, the FWC examined the provisions of the agreement, the submissions from both AVI and the union, and the evidence presented. The Commission found that the proposed agreement satisfied the 'better off overall test' as it provided employees with improved terms and conditions, including higher wages and better work-life balance provisions. Additionally, the FWC concluded that the agreement did not disadvantage employees compared to their peers in similar roles, thus meeting the 'no disadvantage test'. Consequently, the FWC approved the AVI Enterprise Agreement 2024, finding it to be fair and reasonable.

The final orders of the FWC were that the AVI Enterprise Agreement 2024 be approved and registered under the Fair Work Act. This approval meant that the agreement would come into effect and govern the employment terms and conditions for AVI’s employees from the specified commencement date. The union’s objections were overruled, and the agreement was set to be implemented as proposed by AVI.

Australian Volunteers International (AVI)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established