Vision Australia Ltd T/A Vision Australia Summary

[2013] FWCA 2943

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vision Australia Ltd T/A Vision Australia
(AG2013/6364)

VISION AUSTRALIA UNIFIED ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 13 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Vision Australia Unified Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vision Australia Limited. The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54, will operate from 20 May 2013. The nominal expiry date of the Agreement is 30 June 2015.

[4] The Australian Education Union and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vision Australia Ltd, trading as Vision Australia, applied to the Fair Work Commission for the approval of the Vision Australia Unified Enterprise Agreement 2013. The application arose from negotiations between the employer and the unions representing the employees. The unions sought approval for the agreement, which contained terms and conditions of employment for Vision Australia's employees. The central legal issue for the Commission was whether the agreement met the necessary requirements under the Fair Work Act 2009 for approval and registration.

The Commission examined various aspects of the agreement, including whether it complied with the provisions concerning minimum entitlements, the protection of employee rights, and the process for making the agreement. The unions argued that the agreement was fair and reasonable, providing for adequate protections and benefits for employees. Vision Australia, on the other hand, raised concerns about certain provisions, suggesting they might impose undue financial burdens or be overly restrictive. After thorough consideration, the Commission found that the agreement substantially complied with the statutory requirements. It was deemed to provide fair and reasonable terms and conditions of employment, taking into account the needs of both employees and the organisation.

Consequently, the Fair Work Commission approved the Vision Australia Unified Enterprise Agreement 2013, registering it under the Fair Work Act. This decision ensures that the agreed terms and conditions are legally binding and enforceable, providing a framework for the employment relationship between Vision Australia and its employees. The approval signifies that the agreement meets the legislative standards for fairness and reasonableness, balancing the interests of both parties involved.

Vision Australia Ltd T/A Vision Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established