DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Domestic Violence Action Centre INC T/A Domestic Violence Action Centre
(AG2017/185)

DOMESTIC VIOLENCE ACTION CENTRE INC. CERTIFIED AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 23 MARCH 2017

Application for approval of the Domestic Violence Action Centre Inc. Certified Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Domestic Violence Action Centre Inc. Certified Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ms. Sandra Venn-Brown on behalf of the Domestic Violence Action Centre. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 March 2017. The nominal expiry date of the Agreement is 30 June 2020

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Domestic Violence Action Centre Inc., trading as the Domestic Violence Action Centre, and its employees. The matter pertained to the approval of the Domestic Violence Action Centre Inc. Certified Agreement 2017. The employees, represented by the Health Services Union of Australia, sought the commission's approval of the agreement, while the employer argued against its approval on various grounds.

The primary legal issues before the commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in relation to the provisions that ensure fair and reasonable terms and conditions for employees. The employer contested the agreement's validity on the basis that it did not meet the statutory requirements for certified agreements, specifically pointing to concerns about the agreement's procedural fairness and its compliance with the 'better off overall test.'

The commission examined the agreement in detail, considering the balance of rights and obligations, and the overall fairness of the terms. The commission noted the importance of certified agreements in providing a fair framework for employee relations, particularly in sensitive areas such as domestic violence support services. Ultimately, the commission determined that the agreement met the statutory requirements for approval. It found that the agreement provided for fair and reasonable terms and conditions for employees and was better off overall for the employees compared to the applicable awards.

The Fair Work Commission approved the Domestic Violence Action Centre Inc. Certified Agreement 2017, thereby resolving the dispute and setting a precedent for the terms and conditions of employment within the organisation. This decision underscores the commission's commitment to ensuring that certified agreements in sensitive sectors like domestic violence support are fair, reasonable, and beneficial for employees.

Domestic Violence Action Centre INC T/A Domestic Violence Action Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established