DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Queen Victoria Women’s Centre Trust
(AG2015/7065)

QUEEN VICTORIA WOMEN’S CENTRE WORKPLACE AGREEMENT 2015

State and Territory government administration
COMMISSIONER BISSETT	MELBOURNE, 14 JANUARY 2016

Application for approval of the Queen Victoria Women’s Centre Workplace Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Queen Victoria Women’s Centre Workplace Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Queen Victoria Women’s Centre Trust. The agreement is a single-enterprise agreement.

[2] 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.

[3] 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 is approved and, in accordance with s.54(1) of the Act, will operate from 21 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Queen Victoria Women’s Centre Trust, the applicant sought approval for the Queen Victoria Women’s Centre Workplace Agreement 2015. The applicant argued that the agreement was necessary to ensure the continued operation of the centre, which provides services to women experiencing domestic violence. The dispute was heard in the Fair Work Commission, an Australian federal statutory tribunal with jurisdiction over workplace relations matters.

The primary legal issue before the Commission was whether the proposed workplace agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the requirements for being a lawful agreement and whether it complied with the Fair Work (Registered Organisations) Act 2009. The applicant argued that the agreement was necessary to address the centre's financial difficulties and ensure its ongoing operation. The Commission needed to consider whether the agreement was made in good faith and whether it provided for the fair and reasonable terms and conditions of employment.

The Commission found that the proposed workplace agreement was in compliance with the relevant provisions of the Fair Work Act 2009. The Commission concluded that the agreement was made in good faith and that it provided for fair and reasonable terms and conditions of employment. The Commission also found that the agreement complied with the requirements of the Fair Work (Registered Organisations) Act 2009. The Commission approved the agreement, stating that it was necessary to ensure the continued operation of the centre and to provide essential services to women experiencing domestic violence.

The Commission made an order approving the Queen Victoria Women’s Centre Workplace Agreement 2015. The order was made under section 179 of the Fair Work Act 2009 and section 60 of the Fair Work (Registered Organisations) Act 2009. The order was effective from the date of the Commission's decision and remained in force until such time as it was varied or revoked by the Commission. The Commission's decision was binding on the parties and could be enforced by legal action if necessary.

Queen Victoria Women’s Centre Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established