Life Without Barriers Limited

[2023] FWCA 1024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Life Without Barriers Limited

(AG2023/846)

LIFE WITHOUT BARRIERS DISABILITY SERVICES ENTERPRISE AGREEMENT VICTORIA 2022-2025

Social, community, home care and disability services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2023

Application for approval of the Life Without Barriers Disability Services Enterprise Agreement Victoria 2022-2025

Life Without Barriers Limited has made an application for approval of an enterprise agreement known as the Life Without Barriers Disability Services Enterprise Agreement Victoria 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with the voting instructions and access to the Agreement seven clear days before the vote, nor was a copy of the notice of employee representational rights (NERR) provided to all employees within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that these constitute minor procedural or technical errors for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by them. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Health and Community Services Union (HSU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the HSU.

The Agreement was approved on 6 April 2023 and, in accordance with s 54, it will operate from 13 April 2023. The nominal expiry date of the Agreement is 31 December 2025.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Life Without Barriers Limited, sought approval for the Life Without Barriers Disability Services Enterprise Agreement Victoria 2022-2025. The dispute centred on whether the proposed agreement met the legal standards required for approval under the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The primary legal issues the Commission had to resolve were whether the agreement was in the best interests of the employees and whether it complied with the statutory requirements for enterprise agreements. The Commission needed to consider the fairness and reasonableness of the terms and conditions proposed in the agreement. This included scrutinising the agreement's provisions regarding pay rates, working conditions, and employee benefits to ensure they did not disadvantage the employees.

The Fair Work Commission determined that the agreement met the necessary legal standards for approval. The Commission found that the proposed terms and conditions were fair and reasonable, taking into account the best interests of the employees. The Commission also concluded that the agreement complied with all statutory requirements and did not unfairly disadvantage any party. As a result, the Commission approved the Life Without Barriers Disability Services Enterprise Agreement Victoria 2022-2025.

The Fair Work Commission approved the agreement and directed that it be registered with the Fair Work Commission Registry. This approval means the agreement is now legally binding between Life Without Barriers Limited and the employees covered by the agreement, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established