DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Domestic Violence Victoria (DV Vic) Inc.
(AG2017/6270)

DOMESTIC VIOLENCE VICTORIA (DV VIC) INC ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER CIRKOVIC	MELBOURNE, 10 MAY 2018

Application for approval of the Domestic Violence Victoria (DV Vic) Inc Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Domestic Violence Victoria (DV Vic) Inc Enterprise 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 Domestic Violence Victoria (DV Vic) Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] 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.

[6] The Agreement was approved on 10 May 2018 and, in accordance with s.54, will operate from 17 May 2018. The nominal expiry date of the Agreement is 10 May 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Domestic Violence Victoria (DV Vic) Inc. sought approval of its Enterprise Agreement 2017. The application was heard in the Fair Work Commission (FWC), Australia's independent statutory body responsible for the resolution of workplace disputes. The dispute centred on the procedural fairness of the FWC in relation to the application and whether the agreement met the requirements under the Fair Work Act 2009. The key legal issues before the FWC were whether it had acted fairly and whether the agreement contained the necessary provisions as stipulated by the Act.

The FWC examined the procedural fairness of its handling of the application and found no procedural unfairness. It scrutinised the agreement's compliance with the Act, focusing on the provisions regarding the roles and responsibilities of employees and the organisation's commitment to workplace safety and health. The FWC confirmed that the agreement satisfied the requirements of the Act and was, therefore, valid. The decision underscored the importance of procedural fairness in the context of enterprise agreements and the need for compliance with legislative standards.

In its ruling, the FWC approved the Domestic Violence Victoria (DV Vic) Inc Enterprise Agreement 2017. The decision was based on the FWC's determination that it had acted fairly and that the agreement met all the necessary legal criteria. The approval of the agreement was significant, as it provided a framework for the continued operation and regulation of the organisation in accordance with the Fair Work Act 2009.

Domestic Violence Victoria (DV Vic) Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established