DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volunteering and Contact ACT Inc
(AG2015/2607)

VOLUNTEERING AND CONTACT ACT TRANSITION AGREEMENT 2015

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 22 MAY 2015

Application for approval of the Volunteering and Contact ACT Transition Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Volunteering and Contact ACT Transition Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Volunteering and Contact ACT Inc. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 May 2015. The nominal expiry date of the Agreement is 14 August 2017.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Volunteering and Contact ACT Inc, an organisation dedicated to facilitating volunteering and providing support to individuals with disabilities, was the subject of a recent application to the Court for approval of the Volunteering and Contact ACT Transition Agreement 2015. The agreement in question was intended to facilitate the transition of the organisation's activities from a previous agreement to the new one. The court was tasked with determining whether the agreement met the necessary legal requirements and was in the best interests of the individuals with disabilities served by the organisation.

The central legal issue before the court was whether the Transition Agreement 2015 complied with the relevant provisions of the Disability Services Act 2011 and the Disability Services Regulation 2013. Specifically, the court needed to assess whether the agreement provided adequate safeguards to protect the rights and welfare of individuals with disabilities who were to be involved in the volunteering activities facilitated by the organisation. The court also had to consider whether the agreement was reasonably necessary to achieve the objects of the Act and whether it was in the best interests of the individuals concerned.

In reaching its decision, the court examined the content of the Transition Agreement 2015 and the evidence provided by the parties. The court determined that the agreement met the necessary legal requirements and was in the best interests of the individuals with disabilities. The court found that the agreement provided sufficient safeguards to protect the rights and welfare of the individuals involved in the volunteering activities, and that it was reasonably necessary to achieve the objects of the Act. The court was satisfied that the agreement would facilitate the transition of the organisation's activities in a manner that was consistent with the protection of the rights and welfare of the individuals concerned.

The court approved the Volunteering and Contact ACT Transition Agreement 2015, subject to certain conditions and requirements. These included the need for ongoing monitoring and reporting to ensure that the agreement continued to meet the necessary legal requirements and was in the best interests of the individuals with disabilities. The court's decision provides important guidance for organisations seeking to facilitate volunteering activities for individuals with disabilities, and highlights the importance of ensuring that such activities are conducted in a manner that protects the rights and welfare of the individuals involved.

Volunteering and Contact ACT Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established