TTF AND VISTA, DISABILITY AND CHILD, YOUTH, FAMILY SERVICES ENTERPRISE AGREEMENT 2017 Summary

[2017] FWCA 3842

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Tipping Foundation

(AG2017/1902)

TTF AND VISTA, DISABILITY AND CHILD, YOUTH, FAMILY SERVICES ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 21 JULY 2017

Application for approval of the TTF and Vista, Disability and Child, Youth, Family Services Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the TTF and Vista, Disability and Child, Youth, Family Services Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Tipping Foundation. The agreement is a single-enterprise agreement. The Agreement covers two employers, The Tipping Foundation (TTF) and Victorian Person Centred Services Inc (VISTA), that are engaged in a common enterprise and therefore, pursuant to s.172(5) of the Act, are single-interest employers.

[2] An undertaking has been given with respect to clauses 17.5 and 17.6 and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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 Health Services Union of Australia (HSU) and Australian Municipal, Administrative, Clerical and Services Union (ASU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[5] The Agreement was approved in Chambers on 21 July 2017 and, in accordance with s.54 of the Act, will operate from 28 July 2017. The nominal expiry date of the Agreement is 1 March 2019.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application for approval of the 2017 Enterprise Agreement between TTF and Vista, specifically for the Disability and Child, Youth, Family Services sector. The matter was brought before the Fair Work Commission (FWC), where the decision was made to approve the agreement. The applicants, TTF and Vista, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009, which would provide it with a binding legal status.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under the Fair Work Act. This included determining whether the agreement was genuinely negotiated, whether it contained the required minimum terms and conditions, and whether it complied with the procedural requirements for registration. Additionally, the FWC needed to assess whether the agreement was in the best interests of the employees it covered, considering factors such as fairness, efficiency, and flexibility.

In making its decision, the FWC considered submissions from both parties, as well as the views of stakeholders, including employee representatives. The FWC found that the agreement had been genuinely negotiated between the parties and contained all the required minimum terms and conditions. Furthermore, the FWC was satisfied that the agreement was in the best interests of the employees, as it provided for a fair and flexible framework for the provision of services in the disability and child, youth, and family sectors. The FWC also noted that the agreement included provisions for dispute resolution and the protection of employees' rights, which were essential for maintaining a harmonious workplace.

The FWC approved the agreement, thereby granting it registered status under the Fair Work Act. This decision ensures that the agreement will have legal force and can be relied upon by both employers and employees in the Disability and Child, Youth, Family Services sector.

TTF AND VISTA, DISABILITY AND CHILD, YOUTH, FAMILY SERVICES ENTERPRISE AGREEMENT 2017

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established