Victorian Deaf Society

[2013] FWCA 515

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Victorian Deaf Society
(AG2012/13204)

VICDEAF AND EMPLOYEE ENTERPRISE AGREEMENT 2013-2015

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 22 JANUARY 2013

Application for approval of the Vicdeaf and Employee Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Vicdeaf and Employee Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Victorian Deaf Society. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Health Services Union of Australia - Victorian No. 4 Branch, 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Deaf Society applied for approval of the Vicdeaf and Employee Enterprise Agreement 2013-2015, which was entered into between the Society and its employees. The application was brought in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009 (Cth). The dispute centred around whether the agreement complied with the procedural and substantive requirements of the Act.

The legal issues that the Commission was required to decide included whether the agreement was genuinely an enterprise agreement, whether it was certified by the Australian Building and Construction Commission, and whether the agreement met the procedural requirements for approval under the Act. The Commission also considered whether the agreement complied with the substantive fairness test, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was genuinely an enterprise agreement and had been certified by the Australian Building and Construction Commission. The Commission also found that the agreement met the procedural requirements for approval under the Act. However, the Commission found that the agreement did not comply with the substantive fairness test as it did not provide for fair and reasonable terms and conditions of employment for some of the employees. The Commission approved the agreement with modifications to ensure that it met the substantive fairness test.

The Commission made orders approving the Vicdeaf and Employee Enterprise Agreement 2013-2015, with modifications to certain provisions to ensure that it met the substantive fairness test. The modifications included changes to the provisions relating to hours of work, overtime, and shift penalties. The Commission also made orders that the agreement be registered with the Fair Work Commission and published on the Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established