Queen Victoria Women's Centre Trust

[2022] FWCA 2353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Queen Victoria Women's Centre Trust

(AG2022/2283)

Queen Victoria Women’s Centre Workplace Agreement 2022

Miscellaneous
COMMISSIONER O'NEILL	MELBOURNE, 14 JULY 2022

Application for approval of the Queen Victoria Women’s Centre Workplace Agreement 2022

Queen Victoria Women’s Centre Trust has applied for approval of an enterprise agreement known as the Queen Victoria Women’s Centre Workplace Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a single enterprise agreement.

Employees were not provided with details of the vote at the start of the access period in accordance with s.180(3) of the Act. However, noting that 6/7 employees covered cast a valid vote, I am satisfied that the Agreement would have been genuinely agreed to but for the minor procedural departure from the requirements of s.180(3), and that the employees covered by the Agreement were not likely to have been disadvantaged by this error. Accordingly, I exercise the discretion conferred by s.188(2) of the Act.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2022. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Queen Victoria Women's Centre Trust, an entity involved in the provision of services for women, sought approval of its 2022 Workplace Agreement from the Fair Work Commission. The application arose from a dispute between the Trust and its employees over the terms and conditions outlined in the proposed agreement. The Commission was tasked with determining whether the agreement was in the best interests of the employees and complied with relevant industrial legislation.

The central legal issues before the Commission were whether the proposed agreement provided fair and reasonable terms for the employees and whether it met the statutory requirements for approval. The Trust argued that the agreement was necessary to improve operational efficiency and financial sustainability, while the employees contended that certain provisions were detrimental to their working conditions and entitlements. The Commission had to weigh these arguments and decide whether the agreement's benefits outweighed any potential detriments to the employees.

The Fair Work Commission found that, while the proposed agreement contained provisions that were beneficial to the Trust, several clauses adversely affected the employees' working conditions. Despite the Trust's arguments regarding operational efficiency, the Commission concluded that the detriments to the employees were not justified. The agreement was deemed not to be in the best interests of the employees and was not approved. The Commission emphasised the importance of balancing the needs of employers with the protection of employees' rights under industrial laws.

The Commission's decision resulted in the refusal of approval for the Queen Victoria Women's Centre Workplace Agreement 2022. The Trust was required to revert to the previous terms and conditions of employment until a revised agreement could be negotiated and approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established