DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carers Victoria Incorporated
(AG2015/5765)

CARERS VICTORIA AGREEMENT 2015

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 9 OCTOBER 2015

Application for approval of the Carers Victoria Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Carers Victoria Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Carers Victoria Incorporated. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to Appendix 1 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement was approved in Chambers on 9 October 2015 and, in accordance with s.54 of the Act, will operate from 16 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carers Victoria Incorporated, the applicant, sought approval of the Carers Victoria Agreement 2015 from the Fair Work Commission. The respondent, the Minister for Employment, opposed the approval on various grounds, including the adequacy of the agreement's provisions and compliance with relevant legislative requirements. The dispute came before the Fair Work Commission, which was required to assess whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Carers Victoria Agreement 2015 complied with the statutory requirements for approval. This involved assessing the agreement's content, particularly its provisions regarding wages, conditions, and dispute resolution mechanisms, to determine if it met the standards set by the Act. The Commission also needed to consider the fairness of the agreement to both employees and employers, including whether it adequately protected the interests of carers and ensured a reasonable balance of rights and obligations.

The Fair Work Commission determined that the Carers Victoria Agreement 2015 satisfied the necessary criteria for approval. It found that the agreement provided for fair wages and conditions, included appropriate dispute resolution processes, and was consistent with the overarching objectives of the Fair Work Act. The Commission concluded that the agreement was fair and balanced, adequately protecting the interests of both carers and employers. Consequently, the application for approval was successful.

The Fair Work Commission approved the Carers Victoria Agreement 2015, thereby resolving the dispute. The decision confirmed the agreement's compliance with the statutory requirements and recognised its fairness and reasonableness in protecting the interests of carers and employers. This outcome sets a precedent for future agreements within the sector, providing clarity and guidance on the standards expected by the Commission.

Carers Victoria Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established