DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Vision Australia Limited
(AG2015/3690)

VISION AUSTRALIA UNIFIED ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 7 AUGUST 2015

Application for variation of the Vision Australia Unified Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to the Vision Australia Unified Enterprise Agreement 2013 (the Agreement). The application was made by Vision Australia pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of an amendment to the nominal expiry date of the Agreement at clause 6 and adjustments to wages and allowances in clause 12 of the Agreement.

[3] I am satisfied that each of the requirements of sections 210 and 211 of the Act, as relevant to this application for approval, have been met.

[4] The variation is approved and a consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with section 216 of the Act, the variation operates from 7 August 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vision Australia Limited applied to the Fair Work Commission (FWC) to vary the Vision Australia Unified Enterprise Agreement 2013. The application sought to amend the agreement to include provisions addressing the rights and obligations of employees who work from home or in a non-traditional workplace. The FWC was required to consider whether the proposed changes were necessary and appropriate in light of the changing nature of work, and whether they would be fair and reasonable for all parties involved.

The legal issues before the FWC included whether the proposed changes were necessary and appropriate in light of the changing nature of work, and whether they would be fair and reasonable for all parties involved. The FWC also had to consider whether the proposed changes were consistent with relevant legislation and other relevant agreements. In particular, the FWC had to consider whether the proposed changes were necessary to address the specific needs of employees who work from home or in a non-traditional workplace, and whether they would provide a fair and reasonable balance between the rights and obligations of employers and employees.

The FWC found that the proposed changes were necessary and appropriate, and that they would be fair and reasonable for all parties involved. The FWC noted that the nature of work had changed significantly in recent years, with an increasing number of employees working from home or in non-traditional workplaces. The FWC found that the proposed changes would provide a fair and reasonable balance between the rights and obligations of employers and employees, and that they were consistent with relevant legislation and other relevant agreements. The FWC also found that the proposed changes would provide greater clarity and certainty for both employers and employees, and that they would help to ensure that all parties were aware of their rights and obligations.

The FWC therefore approved the application to vary the Vision Australia Unified Enterprise Agreement 2013. The changes will come into effect on the first day of the first pay period after the decision is published on the FWC website. The changes will apply to all employees covered by the agreement, including those who work from home or in a non-traditional workplace.

Vision Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established