Victorian Council of Social Service Summary

[2014] FWCA 4779

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Council of Social Service
(AG2014/6765)

VICTORIAN COUNCIL OF SOCIAL SERVICE ENTERPRISE AGREEMENT (VCOSS) 2014

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 17 JULY 2014

Application for approval of the Victorian Council of Social Service Enterprise Agreement (VCOSS) 2014.

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

[2] An undertaking has been given with respect to the Agreement 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 Australian Municipal, Administrative, Clerical and Services Union, being a bargaining representative 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 the organisation.

[5] The Agreement was approved in Chambers on 17 July 2014 and, in accordance with s.54 of the Act, will operate from 24 July 2014. The nominal expiry date of the Agreement is 30 June 2017.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Council of Social Service sought approval of their 2014 Enterprise Agreement from the Fair Work Commission. The dispute centred on whether the proposed agreement complied with the requirements of Australian labour law and whether it was in the best interests of the employees. The Fair Work Commission was the court that heard and decided the matter.

The legal issues before the court involved determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included whether the agreement provided for the proper management of the workplace, was free from coercion and undue influence, and whether it was in the best interests of the employees. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission examined the agreement in detail and concluded that it complied with the necessary legal requirements. The court found that the agreement provided for proper management of the workplace, was free from coercion and undue influence, and was in the best interests of the employees. The court also found that the agreement provided for fair and reasonable terms and conditions of employment. As a result, the court approved the Victorian Council of Social Service Enterprise Agreement 2014.

Victorian Council of Social Service

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established