DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Council of Social Service (VCOSS)
(AG2017/6338)

VICTORIAN COUNCIL OF SOCIAL SERVICE (VCOSS) ENTERPRISE AGREEMENT 2017

Social, community, home care and disability services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 APRIL 2018

Application for approval of The Victorian Council of Social Service (VCOSS) Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Council of Social Service (VCOSS) 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 Victorian Council of Social Service (VCOSS). The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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 Municipal, Administrative, Clerical and 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 13 April 2018 and, in accordance with s.54, will operate from 20 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Victorian Council of Social Service (VCOSS) sought approval of its 2017 Enterprise Agreement from the Fair Work Commission. The dispute centred on whether the agreement adequately met the requirements under the Fair Work Act 2009 for a fair and reasonable enterprise agreement. The court had to consider whether the agreement complied with the provisions regarding minimum entitlements, the good faith bargaining process, and the overall fairness of the agreement.

The legal issues before the court involved assessing the procedural fairness of the bargaining process, the content of the agreement, and whether it provided for minimum entitlements as prescribed by the Act. Additionally, the court had to determine if the agreement met the requirements for making it a registered agreement under the Fair Work Act. This included evaluating the fairness of the agreement in terms of its coverage, the balance of interests between employers and employees, and its alignment with the national minimum standards.

In considering these issues, the court found that the bargaining process had been conducted in good faith and that the agreement itself contained terms that met the minimum entitlements required by law. The court noted that the agreement provided for appropriate protections for employees and that it was not overly punitive or unfair. Furthermore, the court was satisfied that the agreement was registered in accordance with the Act. Given these findings, the court approved the Enterprise Agreement, recognising it as fair and reasonable for the purposes of the Act.

The final order of the court was to approve the Enterprise Agreement, making it a registered agreement under the Fair Work Act. This approval ensures that the terms of the agreement are enforceable and that it provides a fair and reasonable framework for the employment relationship between VCOSS and its employees. The court's decision was based on the comprehensive assessment of the agreement's content, the bargaining process, and its alignment with the statutory requirements.

Victorian Council of Social Service (VCOSS)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established