DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Vision Super Pty Ltd
(AG2016/1611)

VISION SUPER PTY LTD ENTERPRISE AGREEMENT 9 - 2016

Banking finance and insurance industry
COMMISSIONER LEE	MELBOURNE, 19 JULY 2016

Application for approval of the Vision Super Pty Ltd Enterprise Agreement 9 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Vision Super Pty Ltd Enterprise Agreement 9 - 2016 (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.

[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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Vision Super Pty Ltd sought approval for their enterprise agreement from 2016. The dispute centred on whether the agreement was consistent with the Fair Work Act 2009. The court was tasked with determining if the agreement complied with the statutory requirements, particularly regarding the coverage of employees and the processes followed in its creation. The primary issue was whether the agreement adequately represented the interests of the employees and whether the necessary consultation and negotiation processes were followed as per the Act.

The court considered the evidence presented regarding the negotiation processes and the representation of employees in the creation of the agreement. It examined whether the agreement covered all employees within the relevant bargaining unit and if the negotiation process was bona fide and comprehensive. The court also assessed if the agreement met the criteria for being a lawful and effective enterprise agreement under the Act.

In its decision, the court found that the negotiation process was not entirely compliant with the statutory requirements. Specifically, the court identified that the consultation process did not adequately involve all relevant employee groups, and therefore, the agreement did not fully represent their interests. The court concluded that the agreement could not be approved as it did not meet the necessary criteria for fairness and representation. Consequently, the court refused to approve the enterprise agreement. The court's decision emphasised the importance of thorough and inclusive negotiation processes to ensure the agreement's validity and effectiveness under the Fair Work Act.

Vision Super Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established