Guide Dogs Victoria Summary

[2022] FWCA 2170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Guide Dogs Victoria

(AG2022/1444)

Guide Dogs Victoria Allied Health and Disability Services Practitioners Enterprise Agreement 2021

Social, community, home care and disability services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 JUNE 2022

Application for approval of the Guide Dogs Victoria Allied Health and Disability Services Practitioners Enterprise Agreement 2021

An application has been made by Guide Dogs Victoria pursuant to s.185 of the Fair Work Act 2009 (Act) for approval of a single enterprise agreement known as the Guide Dogs Victoria Allied Health and Disability Services Practitioners Enterprise Agreement 2021 (the Agreement).

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.

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 Health Services Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Guide Dogs Victoria, sought approval for the Guide Dogs Victoria Allied Health and Disability Services Practitioners Enterprise Agreement 2021. The Fair Work Commission, in this instance acting as the Fair Work Court, was tasked with deciding whether to approve the agreement under the Fair Work Act 2009. The dispute centred around whether the terms of the agreement met the criteria for approval, including whether they provided for fair and reasonable terms and conditions, and whether they adhered to the legal requirements set forth in the legislation.

The legal issues before the Court were multifaceted. The primary issue was whether the agreement provided for fair and reasonable terms and conditions for the employees, considering the specific needs of the organisation and its workforce. Secondary issues included whether the agreement complied with the statutory requirements, such as the prohibition on terms that were less favourable than the applicable minimum award or registered agreement, and whether it provided for proper dispute resolution mechanisms. The Court also had to consider whether the agreement met the threshold criteria for approval, such as the proper bargaining and procedural fairness in the agreement's formation.

The Fair Work Commission concluded that the agreement met the criteria for approval. The Court found that the terms of the agreement were fair and reasonable, taking into account the specific circumstances of Guide Dogs Victoria and its workforce. The agreement was deemed to comply with the statutory requirements, including the prohibition on less favourable terms and the inclusion of adequate dispute resolution mechanisms. The Court was satisfied that the agreement had been formed through proper bargaining and procedural fairness. Therefore, the Fair Work Commission approved the Guide Dogs Victoria Allied Health and Disability Services Practitioners Enterprise Agreement 2021.

Guide Dogs Victoria

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established