DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Avivo: Live Life Inc
(AG2019/4455)

AVIVO: LIVE LIFE INC COMMUNITY BASED AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 10 FEBRUARY 2020

Application for approval of the Avivo: Live Life Inc Community Based Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Avivo: Live Life Inc Community Based Agreement 2018. (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

[5] Subject to the Undertakings, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 as are relevant to this application for approval have been met.

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

[7] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 17 February 2020. The nominal expiry date of the Agreement is 9 February 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of a community-based agreement between Avivo: Live Life Inc and its employees. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, which aimed to provide flexible working arrangements and additional leave entitlements among other provisions. The Commission was tasked with assessing whether the agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for a community-based agreement under section 178 of the Fair Work Act, and if it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees, particularly in relation to the proposed flexible working arrangements and additional leave provisions.

The Commission found that the proposed agreement was a genuine community-based agreement as it was negotiated in good faith and contained terms and conditions that were fair and reasonable. The Commission also noted that the proposed agreement provided for flexible working arrangements and additional leave entitlements that were beneficial to the employees. Furthermore, the Commission was satisfied that the agreement was in the best interests of the employees, as it provided for a more flexible and family-friendly work environment. As a result, the Commission approved the Avivo: Live Life Inc Community Based Agreement 2018.

Avivo: Live Life Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established