DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Spectrum Organization Association Inc T/A Spectrum Organization Association Inc
(AG2019/5104)

THE SPECTRUM ORGANIZATION ASSOCIATION INC. SUPPORT WORKERS ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 6 FEBRUARY 2020

Application for variation of the Spectrum Organization Association Inc. Support Workers Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Spectrum Organization Association Inc. Support Workers Enterprise Agreement 2019 (the Agreement). The application was made by Spectrum Organization Association Inc T/A Spectrum Organization Association Inc pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 13 September 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 6 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Spectrum Organization Association Inc, trading as Spectrum Organization Association Inc, which applied for a variation of the Spectrum Organization Association Inc Support Workers Enterprise Agreement 2019. The Fair Work Commission was the court that heard the application. The application was brought to address various issues related to the working conditions and remuneration of support workers employed by the Association.

The primary legal issues before the Commission were whether the proposed variations to the enterprise agreement were reasonable and necessary. The applicant argued that changes were required to reflect changes in the working environment, including the introduction of new technologies and the need for additional training. The applicant also sought to address issues of pay equity and to implement a more flexible work arrangement policy.

The Commission considered the arguments presented by both parties and examined the broader context of the enterprise agreement. It found that the variations proposed by the applicant were necessary to address the changing work environment and to ensure the ongoing viability of the organisation. The Commission also found that the proposed changes were reasonable and did not unduly disadvantage the employees. Consequently, the application for variation was approved, with certain conditions to protect the interests of the employees. The Commission ordered that the variations be implemented and that the new agreement be registered with the Fair Work Commission.

Spectrum Organization Association Inc T/A Spectrum Organization Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established