Vision Super Pty Ltd

[2017] FWCA 5633

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Vision Super Pty Ltd

(AG2017/3393)

Vision Super Pty Ltd Enterprise Agreement 10, 2017

Banking finance and insurance industry
Deputy President Masson	MELBOURNE, 31 OCTOBER 2017

Application for approval of the Vision Super Pty Ltd Enterprise Agreement 10, 2017.

An application has been made for approval of an enterprise agreement known as the Vision Super Pty Ltd Enterprise Agreement 10, 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Vision Super Pty Ltd. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 November 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vision Super Pty Ltd sought approval of an Enterprise Agreement (EA) from the Fair Work Commission (FWC). The dispute involved the terms and conditions of employment for the employees covered by the EA, which was set to apply from 1 January 2018. The applicants argued that the EA met the requirements of the Fair Work Act 2009 and should be approved. The respondents, representing some employees, contested the approval, raising concerns about specific provisions within the EA.

The legal issues the court had to decide were whether the EA complied with the Fair Work Act and whether it was in the best interests of the employees. The respondents argued that certain provisions of the EA were unfair and did not adequately protect employees' rights. The applicants, on the other hand, contended that the EA was fair and reasonable, and provided for better terms and conditions than the existing awards. The FWC had to examine the EA provisions, assess the arguments of both parties, and determine whether the EA met the legal requirements and was in the best interest of the employees.

The FWC found that the EA largely complied with the Fair Work Act and was in the best interests of the employees. The FWC considered the nature of the agreement, the bargaining process, and the content of the EA. The FWC acknowledged the concerns raised by the respondents but found that the provisions in question were fair and reasonable. The FWC noted that the EA provided improved terms and conditions for employees and that the benefits of the agreement outweighed the concerns raised. Therefore, the FWC approved the EA and set out the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established