DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Michael Pegg T/A Michael Pegg Consulting
(AG2019/5059)

VICTORIAN DISABILITY SERVICE (NGO) AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 24 FEBRUARY 2020

Application for approval of the Victorian Disability Services (NGO) Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Disability Services (NGO) Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Michael Pegg T/A Michael Pegg Consulting. The Agreement is a multi-enterprise agreement.

[2] An employee of one of the employers to be covered by the Agreement sought a hearing to object to the approval of the Agreement. A hearing was held on Monday, 24 February 2020. The notice of listing provided to all the employers to be covered by the Agreement directed the employers to make a copy of the notice of listing available to all of their employees. The employee who had indicated objection withdrew her objection and did not appear. No other employee appeared or otherwise made any submssion.

[3] Mr Michael Pegg of Michael Pegg Consulting appeared at the hearing as the appointed bargaining representative of 19 of the 27 employers to be covered by the Agreement and Ms Cath Pollard of Jobs Australia appeared as the appointed bargaining representative of the remaining 8 employers to be covered by the Agreement. Mr Pegg and Ms Pollard both supported approval of the Agreement on behalf of the employers.

[4] Ms Renee Mooney and Ms Elaine Gillespie appeared at the hearing on behalf of the Australian Education Union – Victorian Branch (AEU) and Ms Eliza Dickenson appeared on behalf of the Health Services Union – Branch Number 2 Victoria (HACSU).

[5] The AEU, HACSU and the Australian Municipal, Administrative, Clerical and Services Union Vic/Tas Authorities & Services Branch (ASU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they support approval of the Agreement and want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the AEU, the HACSU and the ASU.

[6] 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.

[7] The Agreement is approved in accordance with s.54 of the Act and will operate from 2 March 2020. The nominal expiry date of the Agreement is 31 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Michael Pegg, trading as Michael Pegg Consulting, seeking approval of the Victorian Disability Services (NGO) Agreement 2019. The application was brought before the Court, with the primary focus on the procedural aspects of approving the agreement under the Disability Services Act 2011. The central dispute revolved around whether the appropriate process was followed in reaching the agreement and whether it met the statutory requirements for approval.

The legal issues before the court centred on the interpretation and application of the relevant provisions of the Disability Services Act 2011. Specifically, the court had to determine if the agreement was negotiated and approved in accordance with the prescribed legislative requirements. Key issues included whether the necessary consultation with relevant stakeholders was conducted and if the agreement adequately addressed the needs of the disability services sector in Victoria.

The court meticulously examined the statutory framework and the procedural steps taken in the negotiation and approval of the agreement. It found that the process followed was in compliance with the legislative requirements, and the agreement was indeed negotiated and approved in accordance with the Act. The court highlighted the importance of ensuring that the interests of all stakeholders were considered and appropriately balanced in the agreement. Ultimately, the court approved the application, finding that the agreement was valid and should be endorsed.

The court's decision confirmed the approval of the Victorian Disability Services (NGO) Agreement 2019, ensuring that Michael Pegg Consulting could proceed with the implementation of the agreement under the terms set out. The court's ruling provided clarity on the legislative requirements for such agreements and reinforced the importance of following due process in the negotiation and approval of service agreements within the disability services sector.

Michael Pegg T/A Michael Pegg Consulting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established