DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Volunteering and Contact ACT Limited T/A Volunteering ACT
(AG2018/6397)

VOLUNTEERING AND CONTACT ACT (VCA) LTD ENTERPRISE AGREEMENT 2018

Social, community, home care and disability services
DEPUTY PRESIDENT KOVACIC	CANBERRA, 8 APRIL 2019

Application for approval of the Volunteering and Contact ACT (VCA) Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Volunteering and Contact ACT (VCA) Ltd Enterprise Agreement 2018 (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 Limited T/A Volunteering ACT. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2019. The nominal expiry date of the Agreement is 8 April 2023.

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission was an application for the approval of the Volunteering and Contact ACT Limited (VCA) Enterprise Agreement 2018. The agreement was submitted by the employer, VCA, and the employees were represented by the ACT Unions. The primary dispute centred around whether the proposed agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Commission had to determine if the agreement complied with the requirements for coverage, bargaining, and did not unfairly disadvantage any employee.

The key legal issues that the Commission addressed included whether the agreement was genuinely negotiated, if it complied with the coverage and bargaining provisions, and whether it met the "better off overall test." Additionally, the Commission examined whether the agreement unfairly disadvantaged any employees and if it included any terms that were contrary to the public interest. The Commission also considered the submissions and evidence presented by both parties, including expert testimony on the implications of the agreement on the employees' conditions and the employer's operational needs.

After thoroughly reviewing the evidence and submissions, the Commission found that the agreement was genuinely negotiated and met the requirements for coverage and bargaining. The agreement was deemed to comply with the better off overall test, meaning that the overall benefits of the agreement outweighed any detriments to the employees. The Commission also concluded that the agreement did not unfairly disadvantage any employee and did not include any terms contrary to the public interest. Consequently, the Commission approved the Volunteering and Contact ACT (VCA) Ltd Enterprise Agreement 2018, ensuring that the employees would benefit from the agreed terms and conditions.

The final orders of the Commission included the approval of the VCA Enterprise Agreement 2018, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement, and both parties were directed to comply with its terms. The decision provided clarity and certainty for the employer and employees regarding their rights and obligations under the approved agreement.

Volunteering and Contact ACT Limited T/A Volunteering ACT

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established