DECISION

Fair Work Act 2009
s.185—Enterprise agreement

VisAbility Limited T/A VisAbility
(AG2018/5052)

VISABILITY LIMITED ENTERPRISE AGREEMENT 2018-2021

Social, community, home care and disability services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 8 FEBRUARY 2019

Application for approval of the VisAbility Limited Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the VisAbility Limited Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by VisAbility Limited T/A VisAbility. The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Health Services Union (HSU) 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.

[5] The Agreement was approved on 8 February 2019 and, in accordance with s.54, will operate from 15 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

VisAbility Limited, trading as VisAbility, sought the Fair Work Commission's approval for the VisAbility Limited Enterprise Agreement 2018-2021. The respondents to the application included various unions representing the employees covered by the agreement. The dispute centred around whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the validity and fairness of the agreement.

The central legal issues addressed by the Commission involved whether the agreement provided for minimum entitlements as required by the Act, and whether it complied with procedural requirements for certification. Specifically, the Commission had to ensure that the agreement did not unfairly disadvantage any employee and that it was made in good faith. The Commission also examined if the agreement contained provisions that were contrary to public policy or industrial law.

In reaching its decision, the Commission reviewed the submissions from both VisAbility and the unions, as well as the content of the proposed agreement. It considered whether the agreement provided for a fair and reasonable set of terms and conditions, including those concerning wages, hours of work, and other employment conditions. The Commission concluded that the agreement was fair and met the necessary criteria for approval, taking into account the balance of rights and obligations between the employer and employees. The Commission found that the agreement did not contravene any provisions of the Act and was made in good faith.

The Fair Work Commission approved the VisAbility Limited Enterprise Agreement 2018-2021, effective from the date of the decision. The approval ensures that the agreement will govern the employment conditions of the covered employees during the specified period, providing a legally binding framework for their working relationship with VisAbility.

VisAbility Limited T/A VisAbility

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established