Carers Victoria Limited Summary

[2022] FWCA 4252

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Carers Victoria Limited

(AG2022/4783)

Carers Victoria Agreement 2021

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 2 DECEMBER 2022

Application for approval of the Carers Victoria Agreement 2021

An application has been made for approval of an enterprise agreement known as the Carers Victoria Agreement 2021 (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 Limited. 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 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 of the Act, will operate from 9 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Carers Victoria Limited was the subject of an application before the Fair Work Commission. The applicant sought approval of the Carers Victoria Agreement 2021, which aimed to regulate the employment terms and conditions of carers employed by Carers Victoria. The application was brought pursuant to section 235 of the Fair Work Act 2009. The dispute centred on whether the agreement provided for fair and reasonable terms for the employees, and whether it met the criteria for approval under the legislation.

The legal issues before the commission involved determining if the agreement complied with the requirements set forth in the Fair Work Act. Specifically, the commission needed to assess whether the agreement provided for fair and reasonable terms and conditions, whether it adequately protected the rights and interests of the employees, and if the process leading to the agreement's formation was fair and transparent. Additionally, the commission had to consider the broader implications of the agreement on the employment landscape for carers within the state.

The commission found that the Carers Victoria Agreement 2021 was fair and reasonable. It was determined that the agreement provided for appropriate terms and conditions that adequately protected the rights of the employees. The process of developing the agreement was deemed fair and transparent, and it was concluded that the agreement would benefit both the employees and the employer. Therefore, the application for approval of the agreement was granted. The commission's decision was made in accordance with the provisions of the Fair Work Act, ensuring that the agreement met all legislative requirements for approval.

Carers Victoria Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established