DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Council on the Ageing (Victoria) Inc t/a COTA Victoria
(AG2016/3323)

COUNCIL ON THE AGEING (VICTORIA) AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 4 JULY 2016

Application for approval of the Council on the Ageing (Victoria) Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Council on the Ageing (Victoria) 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 Council on the Ageing (Victoria) Inc t/a COTA Victoria. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] 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.
[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Council on the Ageing (Victoria) Inc t/as COTA Victoria, the Fair Work Commission was tasked with approving the Council on the Ageing (Victoria) Agreement 2016. This case involved an application for the endorsement of an enterprise agreement that would govern the employment conditions of certain employees within the organisation.

The central legal issues the Commission had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it was in compliance with the 'better off overall test'. This test ensures that employees are not disadvantaged by the agreement compared to their previous conditions. Additionally, the Commission had to consider whether the agreement had been made in accordance with the procedural requirements set out in the legislation.

The Commission determined that the agreement was procedurally sound, as it was made in good faith, and the necessary steps were followed to ensure genuine bargaining. It also concluded that the agreement satisfied the 'better off overall test', as employees were provided with improved conditions or no detriment compared to their previous entitlements. Consequently, the Fair Work Commission approved the Council on the Ageing (Victoria) Agreement 2016, which would now govern the employment conditions of the relevant employees.

Council on the Ageing (Victoria) Inc t/a COTA Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established