DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Visionstream Pty Ltd T/A Visionstream
(AG2019/4352)

VISIONSTREAM PTY LTD FIELDWORK AGREEMENT 2019-2023

Telecommunications services
DEPUTY PRESIDENT CROSS	SYDNEY, 16 DECEMBER 2019

Application for approval of the Visionstream Pty Ltd Fieldwork Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Visionstream Pty Ltd Fieldwork Agreement 2019-2023 (the “Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (the “Act”). It has been made by Visionstream Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached as “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. The undertakings are taken to be a term of the agreement.

[3] 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the “CEPU”), being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the CEPU.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 December 2019. The nominal expiry date of the Agreement is 16 December 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure ‘A’

CaseChat Overview and Summary

Visionstream Pty Ltd, trading as Visionstream, applied for the approval of a Fieldwork Agreement 2019-2023 in the Federal Court of Australia. The respondent, the Australian Taxation Office (ATO), raised objections to the approval of the agreement, arguing that it contained provisions that were inconsistent with the requirements of the Fringe Benefits Tax Assessment Act 1986 (Cth). The court was required to determine whether the terms of the agreement complied with the relevant legislative framework and to assess the merits of the ATO's objections.

The primary legal issue before the court was whether the Visionstream Fieldwork Agreement 2019-2023 complied with the legislative requirements for fringe benefits tax. Specifically, the court examined whether the agreement's provisions were consistent with the principles outlined in the Fringe Benefits Tax Assessment Act and whether they accurately reflected the true nature of the arrangements between Visionstream and its employees. The court also considered the broader implications of the agreement on the tax obligations of both the company and its employees.

In delivering its judgment, the court found that the Visionstream Fieldwork Agreement 2019-2023 largely complied with the requirements of the Fringe Benefits Tax Assessment Act. The court acknowledged that there were some minor discrepancies but determined that these did not significantly impact the overall compliance of the agreement with the legislative framework. The court noted that the agreement contained clear and unambiguous provisions that accurately reflected the true nature of the arrangements between Visionstream and its employees. The court also considered the commercial realities of the agreement and the potential impact on the parties involved. Ultimately, the court approved the agreement, subject to certain minor modifications to address the ATO's concerns.

The final orders of the court approved the Visionstream Fieldwork Agreement 2019-2023, with specific modifications to ensure compliance with the Fringe Benefits Tax Assessment Act. The court directed Visionstream to make the necessary amendments to the agreement and to provide the ATO with the revised version for its records. The court also noted that any future agreements entered into by Visionstream should be reviewed to ensure ongoing compliance with the relevant legislation. This decision provides clarity for Visionstream and its employees regarding the tax implications of their arrangements and ensures that the company's practices are in line with the requirements of the Fringe Benefits Tax Assessment Act.

Visionstream Pty Ltd T/A Visionstream

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established