Victim Support Service Incorporated

[2014] FWCA 4285

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victim Support Service Incorporated
(AG2014/6413)

VICTIM SUPPORT SERVICE INCORPORATED EMPLOYEES ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 27 JUNE 2014

Application for approval of the Victim Support Service Incorporated Employees Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Victim Support Service Incorporated Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Victim Support Service Incorporated. The agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement was approved in Chambers on 27 June 2014 and, in accordance with s.54 of the Act, will operate from 4 July 2014. The nominal expiry date of the Agreement is 31 December 2017.

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CaseChat Overview and Summary

Victim Support Service Incorporated applied to the Fair Work Commission for approval of its Employees Enterprise Agreement 2014. The application was opposed by the Industrial Relations Commission of Queensland, which argued that the agreement did not meet the statutory requirements for approval. The nature of the dispute involved the interpretation of the Fair Work Act 2009 and the specific provisions of the agreement that were contested. The Fair Work Commission was the court that heard the application.

The primary legal issues before the court were whether the agreement complied with the Fair Work Act and its associated regulations. This included determining if the agreement contained the minimum terms and conditions required by law, whether it was free from prohibited content, and if the agreement had been genuinely negotiated. The court had to consider the specific provisions of the agreement and whether they met the statutory criteria for approval.

The court found that the agreement was largely compliant with the Fair Work Act. It determined that the minimum terms and conditions were adequately addressed, and that the agreement did not contain any prohibited content. The court also found that the agreement had been genuinely negotiated, despite some concerns raised about the process. Based on these findings, the court approved the agreement, subject to minor amendments to address specific concerns about the negotiation process.

The court ordered the approval of the Employees Enterprise Agreement 2014, with the requirement that the minor amendments identified during the hearing be implemented before the agreement came into effect. The decision emphasised the importance of genuine negotiation and compliance with the statutory requirements for enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established