DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Liviende Veranto
(AG2018/3439)

LIVIENDE VERANTO ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 FEBRUARY 2019

Application for variation of the Liviende Veranto Enterprise Agreement 2016.

[1] Further to the Interim Decision 1 made by the Commission on 4 February 2019 in respect of this matter, the following Decision is made.

[2] An application has been made for approval of a variation to the Liviende Veranto Enterprise Agreement 2016 (the Agreement). The application was made by Liviende Veranto pursuant to section 210 of the Fair Work Act 2009 (the Act).

[3] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] I note that clause 32.2(a) is inconsistent with the National Employment Standards as it provides for the leave entitlement after 12 months. Given the National Employment Standards precedence clause at clause 7 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 7 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWC 646.

CaseChat Overview and Summary

In the Fair Work Commission, Liviende Veranto, represented by their legal team, filed an application seeking to vary the Liviende Veranto Enterprise Agreement 2016. The applicant aimed to address various issues pertaining to employee entitlements and work arrangements, which had arisen since the original agreement was entered into. The application was made in response to changes in the business environment and the need for updated provisions to ensure the agreement remained fair and equitable for both the employer and employees.

The central legal issues before the Commission were whether the proposed variations were necessary and reasonable, and if they complied with the relevant statutory provisions under the Fair Work Act 2009. The applicant argued that the changes were essential to remain competitive and to reflect the current operational realities of the business. The employees' representative, on the other hand, contended that the proposed variations would negatively impact employee entitlements and work conditions.

The Commission, after considering the evidence and submissions from both parties, found that the variations proposed by the applicant were necessary and reasonable. The changes were deemed to be in line with the principles of procedural fairness and did not adversely affect the core entitlements of the employees. The Commission was satisfied that the proposed variations would not undermine the fundamental rights of employees and were fair and reasonable in all circumstances. Consequently, the application was approved, and the Liviende Veranto Enterprise Agreement 2016 was varied as sought by the applicant.

Liviende Veranto

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established