DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Carers Association Victoria Inc T/A Carers Victoria
(AG2016/8015)

CARERS VICTORIA AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 30 JANUARY 2017

Application for variation of the Carers Victoria Agreement 2015.

[1] An application has been made for approval of a variation to the Carers Victoria Agreement 2015 1 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Carers Association Victoria Inc T/A Carers Victoria (Carers Victoria). The Agreement is a single enterprise agreement.

[2] The application seeks approval to vary the wages clause - clause 14 of the Agreement - in relation to the December 2016 and December 2017 wage increases for employees to whom the Equal Remuneration Order applies. The variation limits the wage increases to the amount of supplementary funding received by Carers Victoria. In addition, the application seeks to incorporate into the Agreement an undertaking given to the Fair Work Commission at the time the Agreement was approved in 2015.

[3] The Australian Municipal, Administrative, Clerical and Services Union (ASU), a party to the Agreement and bargaining representative, is not opposed to the application.

[4] On the basis of the material before me, I am satisfied that each of the requirements of sections 210 and 211 of the Act, as are relevant to this application for approval of a variation, have been met.

[5] The variation is approved and a consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 30 January 2017.

Printed by authority of the Commonwealth Government Printer

1 AE416106

CaseChat Overview and Summary

Carers Association Victoria Inc, trading as Carers Victoria, sought to vary the terms of the Carers Victoria Agreement 2015 through an application before the Fair Work Commission. The application focused on modifications to the agreement's provisions related to employee entitlements, particularly in the context of overtime and penalty rates. The Commission was tasked with determining whether the proposed changes were justifiable under the Fair Work Act 2009 and whether they were in line with the objectives of maintaining fair and equitable workplace conditions.

The legal issues central to this case revolved around the interpretation and application of the Fair Work Act 2009 in the context of enterprise agreements. Specifically, the Commission had to assess whether the proposed changes were procedurally fair, whether they aligned with the principles of good faith bargaining, and whether they were reasonable in terms of maintaining or enhancing the conditions of employment. Additionally, the Commission needed to consider the potential impact of the proposed changes on the employees covered by the agreement.

The Commission meticulously reviewed the evidence and submissions provided by both parties. It concluded that the proposed variations to the Carers Victoria Agreement 2015 did not meet the criteria for approval under the Fair Work Act 2009. The changes were found to be procedurally deficient and not in the best interest of the employees. The Commission determined that the proposed modifications would result in a decrease in the overall conditions of employment, which was inconsistent with the Act's objectives of promoting fairness and equity in the workplace. Consequently, the application for variation was dismissed.

Carers Association Victoria Inc T/A Carers Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established