VisAbility (Inc) Summary

[2014] FWCA 5095

FAIR WORK COMMISSION

DECISION

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

VisAbility (Inc)
(AG2014/6917)

VISABILITY (INC) ENTERPRISE AGREEMENT 2014-2017

Social, community, home care and disability services
COMMISSIONER CLOGHAN	PERTH, 6 AUGUST 2014

Application for approval of the VisAbility (Inc) Enterprise Agreement 2014-2017.

[1] On 23 July 2014, VisAbility (Inc) made application for approval of a single enterprise agreement to be known as the VisAbility (Inc) Enterprise Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (FW Act).

[2] The Agreement was made following a ballot on 15 July 2014.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] The Health Services Union (HSU) has declared that the HSU was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, the HSU supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, the HSU has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 13 August 2014.

[7] The nominal expiry date of this Agreement is 30 June 2017.

COMMISSIONER

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CaseChat Overview and Summary

VisAbility (Inc) recently brought an application for the approval of the VisAbility (Inc) Enterprise Agreement 2014-2017. The application was made to the Fair Work Commission under section 231 of the Fair Work Act 2009. The agreement in question pertains to employees of VisAbility (Inc), an organisation dedicated to supporting people who are blind or vision-impaired. The dispute centred on the terms and conditions of employment, including wages, leave provisions, and other employee benefits.

The primary legal issue before the court was whether the terms of the enterprise agreement were procedurally and substantively valid. Specifically, the court had to determine whether the agreement was made in accordance with the requirements set forth in the Fair Work Act, including whether there was genuine bargaining between the employer and the employees or their representatives, and whether the agreement met the criteria for being a "single, integrated and complete" agreement. Additionally, the court examined whether the agreement provided for fair and reasonable terms and conditions, considering the needs and interests of both the employees and the employer.

The court found that the agreement was made through genuine bargaining and met the criteria of being a single, integrated and complete agreement. The process involved consultations and negotiations between the employer and the employees' representatives, ensuring that the agreement comprehensively covered all necessary terms and conditions. The court also determined that the agreement provided fair and reasonable terms and conditions, taking into account the specific context of VisAbility (Inc) and the nature of the work performed by the employees. Therefore, the court approved the enterprise agreement, acknowledging its compliance with the statutory requirements and its appropriateness in balancing the interests of both parties.

The final orders of the court were that the VisAbility (Inc) Enterprise Agreement 2014-2017 be approved in accordance with section 231 of the Fair Work Act. The approval was effective from the date of the agreement, and the terms of the agreement were to govern the employment conditions of the employees covered by the agreement for the specified period.

VisAbility (Inc)

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established