DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Vision Inc
(AG2016/1539)

COMMUNITY VISION INC ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 9 AUGUST 2016

Application for approval of the Community Vision Inc Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Community Vision Inc Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Community Vision Inc. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the 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.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2016. The nominal expiry date of the Agreement is 15 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Community Vision Inc, an organisation involved in community services, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement in question pertains to the terms and conditions of employment for employees within the organisation. The applicants were represented by a union, and the respondents, the employer, were represented by their legal counsel. The legal issues before the Commission involved assessing whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This included examining the process by which the agreement was made, ensuring it contained the minimum entitlements mandated by the Act, and confirming that the agreement was genuinely negotiated between the parties.

The Fair Work Commission, in determining the application, considered several factors. It reviewed the bargaining process, ensuring that it complied with the procedural requirements outlined in the Act. The Commission examined whether the agreement contained all the prescribed minimum terms and conditions, including those relating to wages, hours of work, and other employment-related matters. The Commission also assessed whether the agreement was made in good faith and whether it was genuinely negotiated between the parties. The evidence presented by both the union and the employer was carefully evaluated to determine if the agreement met these criteria.

The Fair Work Commission determined that the Community Vision Inc Enterprise Agreement 2016 complied with the statutory requirements for approval. The agreement was found to have been genuinely negotiated, and it contained all the prescribed minimum terms and conditions. The Commission was satisfied that the bargaining process adhered to the procedural requirements, and the agreement met the necessary standards for approval. As a result, the application for approval was successful, and the agreement was registered by the Commission.

Community Vision Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established