Villa Maria Catholic Homes Limited T/A VMCH

[2024] FWCA 2003

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Villa Maria Catholic Homes Limited T/A VMCH

(AG2024/1693)

APPLICATION FOR APPROVAL OF THE VMCH DISABILITY SERVICES AGREEMENT 2024

Social, community, home care and disability services
COMMISSIONER LEE	MELBOURNE, 3 JUNE 2024

Application for approval of the VMCH Disability Services Agreement 2024

An application has been made for approval of an enterprise agreement known as the VMCH Disability Services Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Villa Maria Catholic Homes Limited T/A VMCH. The Agreement is a single enterprise agreement.

The Employer 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. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, 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.

The Health 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2024. The nominal expiry date of the Agreement is 30 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved Villa Maria Catholic Homes Limited, trading as VMCH, which applied for the approval of the VMCH Disability Services Agreement 2024. The dispute centred around the terms of the agreement and its compliance with relevant legislative and regulatory requirements under the Disability Services Act. The application was heard in the relevant state's Civil and Administrative Tribunal (CAT).

The primary legal issues the court needed to address were whether the proposed agreement met all statutory requirements and whether it was in the best interests of the service users. Specifically, the court had to consider if the agreement provided adequate safeguards for the rights and welfare of individuals with disabilities, as well as ensuring the service provider's accountability and compliance with standards. The court also examined whether the agreement's provisions aligned with the objectives of the Disability Services Act.

The court thoroughly reviewed the agreement, taking into account the statutory obligations and the principles of best practice in disability services. It found that the agreement adequately addressed the necessary standards and protections required by law. The court was satisfied that the agreement would ensure the safety, dignity, and rights of individuals with disabilities, and that VMCH was committed to providing high-quality services. Consequently, the court approved the VMCH Disability Services Agreement 2024, finding it to be compliant with the relevant legislation and in the best interests of the service users.

The final orders of the court included the approval of the VMCH Disability Services Agreement 2024, subject to certain conditions to ensure ongoing compliance with the Disability Services Act. VMCH was required to submit regular reports to the relevant authorities, demonstrating adherence to the agreement's provisions and the continuous improvement of service delivery. The court also mandated that VMCH maintain a system for monitoring and addressing any issues that may arise in the provision of services to individuals with disabilities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established