Very Special Kids Summary

[2014] FWCA 8169

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Very Special Kids
(AG2014/9686)

VERY SPECIAL KIDS AND FAMILY SUPPORT TEAM ENTERPRISE AGREEMENT 2013-2017

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 17 NOVEMBER 2014

Application for approval of the Very Special Kids and Family Support Team Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Very Special Kids and Family Support Team Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Very Special Kids. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] 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.

[4] The Australian 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.

[5] The Agreement is approved and, in accordance with s.54, will operate from 24 November 2014. The nominal expiry date of the Agreement is 31 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Very Special Kids, a non-profit organisation dedicated to supporting families of children with special needs, brought an application to the Fair Work Commission for the approval of their Enterprise Agreement with the Very Special Kids and Family Support Team. The dispute centred on the terms and conditions of employment for staff within the organisation. The Commission, presided over by Commissioner McCabe, was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Enterprise Agreement provided adequate protections for employees and whether it was made in good faith and in accordance with the relevant legislative provisions. This involved assessing the agreement's compliance with the Fair Work Act, including provisions concerning minimum entitlements, the process for agreement making, and the rights of employees to be involved in the negotiation of the agreement.

The Commission found that the agreement was generally in line with the statutory requirements, noting that while there were some minor procedural issues, these did not undermine the overall validity of the agreement. The Commission emphasised that the agreement included provisions that ensured employees were not disadvantaged and that the process by which the agreement was made was fair. Commissioner McCabe concluded that the agreement should be approved, as it met the necessary criteria and was in the best interests of both the organisation and its employees.

The Commission approved the Enterprise Agreement, with certain minor conditions attached to address the procedural concerns identified. These conditions required the organisation to ensure compliance with the agreed terms and to provide additional information to employees regarding their rights under the agreement. The decision underscores the importance of procedural fairness in the negotiation and approval of enterprise agreements within the non-profit sector.

Very Special Kids

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established