DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Vision Australia Limited T/A Community Vision
(AG2019/5099)

COMMUNITY VISION AUSTRALIA DISABILITY AND AGED CARE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER JOHNS	SYDNEY, 26 FEBRUARY 2020

Application for approval of the Community Vision Australia Disability and Aged Care Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Community Vision Australia Disability and Aged Care Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by Community Vision Australia Limited T/A Community Vision. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 March 2020. The nominal expiry date of the Agreement is 25 February 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Community Vision Australia Limited, trading as Community Vision, which applied for approval of the Community Vision Australia Disability and Aged Care Agreement 2019. The application was heard in the Administrative Appeals Tribunal of Australia. The primary focus of the dispute was whether the proposed agreement adequately met the statutory requirements for approval, particularly in relation to ensuring the quality and safety of services provided to the community.

The Tribunal was tasked with examining several key legal issues. These included whether the agreement sufficiently demonstrated compliance with the Disability Care and Support, Disability Services, and Aged Care principles as outlined in the relevant legislation. It also needed to consider if the agreement provided adequate safeguards to protect the rights and wellbeing of the individuals receiving care and support under the agreement.

In its reasoning, the Tribunal evaluated the comprehensive documentation submitted by Community Vision, assessing the proposed measures for service delivery, quality assurance, and risk management. The Tribunal found that the agreement contained detailed provisions that aligned with the statutory requirements and provided robust frameworks for monitoring and improving service delivery. Consequently, the Tribunal approved the application, concluding that the agreement was well-structured and would effectively safeguard the interests of the care recipients.

The final orders of the Tribunal included the approval of the Community Vision Australia Disability and Aged Care Agreement 2019, with a recommendation that Community Vision continue to monitor and review the implementation of the agreement to ensure ongoing compliance and quality of services.

Community Vision Australia Limited T/A Community Vision

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established