Volunteering ACT Inc

[2013] FWCA 5464

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volunteering ACT Inc
(AG2013/2200)

VOLUNTEERING ACT (VACT) INC ENTERPRISE AGREEMENT 2013

Social, community, home care and disability services
COMMISSIONER DEEGAN	CANBERRA, 7 AUGUST 2013

Application for approval of the Volunteering ACT (VACT) Inc Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Volunteering ACT (VACT) Inc Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Volunteering ACT Inc. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 August 2013. The nominal expiry date of the Agreement is 14 August 2017.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of the Fair Work Commission, Volunteering ACT (VACT) Inc, an application was made by the employer to approve the Volunteering ACT (VACT) Inc Enterprise Agreement 2013. The applicant, Volunteering ACT (VACT) Inc, sought the approval of the agreement from the Commission, which would establish the terms and conditions of employment for its employees. The dispute involved the validity and fairness of the proposed enterprise agreement, including its compliance with relevant legislative requirements.

The primary legal issues before the Commission were whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was made following the prescribed bargaining processes and if it included all the necessary provisions to be considered a valid enterprise agreement. Furthermore, the Commission needed to assess whether the agreement adequately addressed the interests of both the employer and the employees, ensuring it met the "better off overall test" as required by the legislation.

The Commission examined the evidence and submissions provided by both parties. It found that the agreement was made in good faith and adhered to the procedural requirements stipulated in the Fair Work Act 2009. The Commission also concluded that the agreement met the "better off overall test," indicating that it provided overall benefits to the employees compared to the applicable awards and conditions. As a result, the Commission approved the Volunteering ACT (VACT) Inc Enterprise Agreement 2013.

The final orders of the Commission included the approval of the Volunteering ACT (VACT) Inc Enterprise Agreement 2013, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and all parties were directed to comply with its terms and conditions. The decision reinforced the importance of fair and transparent bargaining processes in the creation of valid enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established