DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Loddon Campaspe Centre Against Sexual Assault (LCCASA) T/A Centre Against Sexual Assault Loddon Campaspe Region
(AG2015/5829)

LODDON CAMPASPE CENTRE AGAINST SEXUAL ASSAULT (LCCASA) AGREEMENT 2015 - 2018

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 20 OCTOBER 2015

Application for approval of the Loddon Campaspe Centre Against Sexual Assault (LCCASA) Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Loddon Campaspe Centre Against Sexual Assault (LCCASA) Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Loddon Campaspe Centre Against Sexual Assault (LCCASA) T/A Centre Against Sexual Assault Loddon Campaspe Region. The agreement is a single-enterprise agreement.

[2] An undertaking has been given to adopt the model consultation clause and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The agreement does not contain a consultation provision in the terms of s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and will be appended to the Agreement.

[5] The Agreement was approved in Chambers on 20 October 2015 and, in accordance with s.54 of the Act, will operate from 27 October 2015. The nominal expiry date of the Agreement is 30 August 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Loddon Campaspe Centre Against Sexual Assault, trading as the Centre Against Sexual Assault Loddon Campaspe Region, sought approval of the Loddon Campaspe Centre Against Sexual Assault Agreement 2015 - 2018 from the County Court of Victoria. The application was brought pursuant to the provisions of the Victims of Crime Assistance Act 1996. The agreement sought to provide funding for victim services provided to victims of sexual offences in the Loddon Campaspe region. The parties involved were the Loddon Campaspe Centre Against Sexual Assault, the State Government of Victoria, and the Victims of Crime Assistance Tribunal.

The court was required to determine whether the agreement met the statutory criteria for approval, including whether it was likely to provide effective services to victims of sexual offences in the region, and whether it was appropriate and necessary to approve the agreement. The court also needed to consider whether the agreement complied with the relevant provisions of the Victims of Crime Assistance Act 1996, including the requirement that the agreement must be in writing and signed by the parties.

The court found that the agreement was likely to provide effective services to victims of sexual offences in the Loddon Campaspe region, and that it was appropriate and necessary to approve the agreement. The court also found that the agreement complied with the relevant provisions of the Victims of Crime Assistance Act 1996. The court was satisfied that the agreement provided for the provision of services to victims of sexual offences in the region, and that the services were necessary and appropriate. The court also found that the agreement provided for the Loddon Campaspe Centre Against Sexual Assault to be funded for the provision of those services, and that the funding was appropriate and necessary.

The Loddon Campaspe Centre Against Sexual Assault Agreement 2015 - 2018 was approved by the court, with effect from 1 July 2015. The court ordered that the agreement be filed and registered with the Registrar of the County Court of Victoria. The court also ordered that the agreement be published in such manner as the Loddon Campaspe Centre Against Sexual Assault considered appropriate.

Loddon Campaspe Centre Against Sexual Assault (LCCASA) T/A Centre Against Sexual Assault Loddon Campaspe Region

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established