[2025] FWCFB 131
Citation: [2025] FWCFB 131
What happened
The Australian Education Union (AEU) and the Health and Community Services Union (HACSU) applied for a supported bargaining authorisation to bargain for a multi-enterprise agreement covering 14 disability service providers in Victoria. These providers, including Amicus Community Services Ltd and ASTERIA Services Inc, employ staff covered by the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). The application initially covered 19 employers but was amended to exclude five. The application arose from concerns about the impact of the National Disability Insurance Scheme (NDIS) Disability Support Worker Cost Model on wages and conditions for disability support workers, and the existence of 'zombie agreements' with above-award terms that employers struggled to afford. The parties engaged in discussions facilitated by the Fair Work Commission, leading to the Victorian Disability Services (NGO) Agreement 2023 (2023 VDSEA).
What was decided
The Fair Work Commission decided to grant the application for a supported bargaining authorisation, but not for all 14 respondents. The Commission considered evidence from union representatives and employer representatives regarding the impact of the NDIS and the financial challenges faced by disability service providers. The decision was made after a directions hearing and a hearing where witnesses gave evidence. The Commission granted permission for legal representation to improve efficiency. The Commission’s decision to grant the authorisation for some respondents, but not all, reflects a careful consideration of the specific circumstances and arguments presented by each party.
What it means for employers
Employers in the disability services sector should be aware of the potential for union-led bargaining efforts, particularly when facing financial pressures due to funding models like the NDIS. The existence of 'zombie agreements' and the challenges in maintaining above-award conditions highlight the importance of regularly reviewing employment agreements and ensuring affordability. Employers should engage constructively in discussions with unions and the Fair Work Commission to find solutions that address both employee needs and business sustainability.
What it means for employees
Employees in the disability services sector should be aware of the potential for collective bargaining to improve wages and conditions, especially in light of funding constraints. The supported bargaining authorisation may lead to negotiations for better terms and conditions, but the outcome will vary depending on the employer's financial situation. Employees should engage with their unions and participate in discussions to advocate for their interests.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb131.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →