DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vision Australia Ltd T/A Vision Australia
(AG2016/3435)

VISION AUSTRALIA UNIFIED ENTERPRISE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER CRIBB	MELBOURNE, 21 JULY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the Vision Australia Unified Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Vision Australia Ltd T/A Vision Australia. The agreement is a single-enterprise agreement.

[2] An undertaking has been given with respect to pay rates, leave loading, casual minimum engagement period and shift allowance and is taken to be a term of the Agreement. A copy of the undertaking is attached to this Decision as Annexure A and can also be found at the end of the Agreement.

[3] Subject to the undertaking referred to above, 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.

[4] The Australian Municipal, Administrative, Clerical and Services Union (ASU), Independent Education Union of Australia (IEUA), United Voice (UV), Health Services Union of Australia (HSU) and Australian Education Union (AEU), 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) of the Act I note that the Agreement covers these organisations.

[5] The Agreement was approved in Chambers on 21 July 2016 and, in accordance with s.54 of the Act, will operate from 28 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vision Australia Ltd, trading as Vision Australia, applied for approval of the Vision Australia Unified Enterprise Agreement 2016. This agreement was to cover employees employed in various roles across the organisation. The application was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval as set out in the Fair Work Act, including whether it provided for fair and reasonable terms and conditions. The Commission also considered whether the agreement adequately addressed the needs of vulnerable employees, such as those with disabilities, and whether it provided for fair dispute resolution mechanisms. Furthermore, the Commission needed to assess if the agreement was free from any provisions that might lead to adverse economic consequences.

The Fair Work Commission found that the proposed agreement met the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions, including provisions that addressed the specific needs of employees with disabilities. The Commission also determined that the dispute resolution mechanisms were fair and effective. The agreement did not contain any provisions that would lead to adverse economic consequences, and it was in line with the broader objectives of the Fair Work Act. Consequently, the Commission approved the application for the agreement.

The Fair Work Commission approved the Vision Australia Unified Enterprise Agreement 2016, with the approval to take effect from the date of the Commission's decision. The agreement was deemed to provide fair and reasonable terms and conditions of employment, and it met all the necessary legal requirements for approval.

Vision Australia Ltd T/A Vision Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established