DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victorian Foundation for Survivors of Torture Inc T/A Foundation House
(AG2014/10086)

VICTORIAN FOUNDATION FOR SURVIVORS OF TORTURE INC. ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 27 JANUARY 2015

Application for approval of the Victorian Foundation for Survivors of Torture Inc. Enterprise Agreement 2014.

[1] On 28 November 2014 Victorian Foundation for Survivors of Torture Inc (Applicant) made an application for approval of the Victorian Foundation for Survivors of Torture Inc. Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, the Australian Municipal, Administrative, Clerical and Services Union (ASU) has indicated its acceptance of the undertakings.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The ASU, 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 3 February 2015. The nominal expiry date of the Agreement is 26 January 2018.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Victorian Foundation for Survivors of Torture Inc, trading as Foundation House, applied to the Fair Work Commission for approval of the Enterprise Agreement 2014. The application was made in accordance with the Fair Work Act 2009, which governs workplace relations in Australia. The dispute centred around the terms and conditions of employment for employees within the organisation, specifically whether the proposed agreement met the requirements for "independent" approval under the Act.

The primary legal issue the court had to address was whether the Enterprise Agreement 2014 complied with the provisions of the Fair Work Act, particularly regarding the "independent" nature of the agreement. This involved examining whether the agreement was genuinely negotiated by the employer and the relevant employee representatives, and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court needed to determine if the agreement was free from any unfair content that might adversely affect the employees.

The Fair Work Commission examined the negotiation process and the content of the agreement in detail. The court found that the agreement was the result of genuine negotiations between the employer and the employee representatives. Furthermore, it confirmed that the agreement included all the required minimum terms and conditions, and did not contain any unfair provisions. The Commission concluded that the agreement was both independent and compliant with the Act, and therefore approved the Enterprise Agreement 2014.

As a result of the court's decision, the Enterprise Agreement 2014 was approved and is now in effect, governing the terms and conditions of employment for the employees of the Victorian Foundation for Survivors of Torture Inc.

Victorian Foundation for Survivors of Torture Inc T/A Foundation House

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established