DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Psychiatric Disability Services of Victoria t/a VICSERV
(AG2016/772)

PSYCHIATRIC DISABILITY SERVICES OF VICTORIA (VICSERV) EMPLOYMENT AGREEMENT 2015-2018

Social, community, home care and disability services
COMMISSIONER SAUNDERS	NEWCASTLE, 9 MAY 2016

Application for approval of the Psychiatric Disability Services of Victoria (VICSERV) Employment Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Psychiatric Disability Services of Victoria (VICSERV) Employment 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 Psychiatric Disability Services of Victoria t/a VICSERV. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Australian Municipal, Administrative, Clerical and Services Union being 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 May 2016. The nominal expiry date of the Agreement is 1 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Psychiatric Disability Services of Victoria, trading as VICSERV, sought approval of the Employment Agreement 2015-2018 from the Fair Work Commission. The dispute centred around the fairness and reasonableness of the proposed agreement, which was to be implemented among employees classified as either Disability Support Workers or Disability Support Managers. The case was heard by the Fair Work Commission, which is the federal workplace relations tribunal of Australia.

The legal issues before the Commission were whether the agreement met the necessary standards of fairness and reasonableness, as outlined in the Fair Work Act 2009. These standards include ensuring that the agreement was not adversely affecting employees' wages and conditions and that it was not undermining the right to freedom of association. Additionally, the Commission considered whether the agreement provided adequate protections and benefits for employees, particularly in light of the specific nature of the work involved in disability support services.

The Commission examined the provisions of the agreement, taking into account submissions from both the applicants and the registered organisations representing the employees. It assessed the agreement against the statutory benchmarks and the broader principles of fairness and reasonableness. The Commission noted that the agreement provided for a range of protections and benefits, including provisions for leave entitlements, shift penalties, and allowances for certain duties. It found that while some aspects of the agreement could be improved, overall, it did not significantly disadvantage employees and was reasonably fair. Therefore, the Commission approved the agreement, subject to certain modifications to address identified shortcomings.

The Fair Work Commission approved the Employment Agreement 2015-2018, with the modifications that were necessary to address the identified shortcomings. The approved agreement now sets the terms and conditions of employment for Disability Support Workers and Managers within Psychiatric Disability Services of Victoria, ensuring a balance between the interests of the employer and the employees.

Psychiatric Disability Services of Victoria t/a VICSERV

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established