DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Vision Australia Limited
(AG2018/2347)

VISION AUSTRALIA UNIFIED ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 FEBRUARY 2019

Application for variation of the Vision Australia Unified Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Vision Australia Unified Enterprise Agreement 2016 (the Agreement). The application was made by Vision Australia Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 July 2016. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 13 February 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vision Australia Limited recently faced an application before the Fair Work Commission for the variation of the Vision Australia Unified Enterprise Agreement 2016. This case arose from a dispute between Vision Australia, an organisation providing services to people with vision impairment, and its employees. The central issue before the court was whether certain amendments proposed by Vision Australia to the existing enterprise agreement were fair and reasonable. The proposed changes included modifications to working hours, pay rates, and conditions of employment.

The legal issues that the court needed to address were multifaceted. Primarily, the court had to determine if the proposed changes were consistent with the principles of the Fair Work Act 2009, which mandates that enterprise agreements must be fair and reasonable in terms of their content and the process by which they were negotiated. Additionally, the court had to consider whether the changes met the "better off overall test," which requires that employees be no worse off financially under the new agreement. The court also examined the extent to which the changes were necessary and reasonable given the context of the organisation's operational requirements and financial constraints.

In its decision, the court meticulously analysed the submissions and evidence provided by both parties. The court found that while some of the proposed changes were necessary to address operational and financial challenges faced by Vision Australia, certain aspects of the changes did not meet the statutory requirements for fairness and reasonableness. Specifically, the court identified that while the changes were beneficial in some respects, they placed an undue financial burden on certain employees, thereby failing the "better off overall test." Consequently, the court varied the agreement only in part, rejecting those provisions that did not meet the statutory criteria. The final orders reflected the court's determination, allowing only those amendments that were deemed fair, reasonable, and in compliance with the relevant legislative framework.

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