Application by Optia Limited Trading AS Possability
Citation: [2026] FWC 2866
At a glance
- Awards cited
- MA000154
What happened
Optia Limited, trading as Possability, and its employees represented by the Health Services Union (HACSU) are in dispute over a new enterprise agreement to replace the Optia Limited Disability Services Enterprise Agreement Victoria 2022–2025. Negotiations began in October 2024 and have involved 29 meetings. The employer faces funding shortfalls and seeks changes to existing entitlements, while employees are concerned about potential loss of benefits. The Fair Work Commission was asked to assist in resolving the dispute.
What was decided
The Fair Work Commissioner recommended that Optia Limited and HACSU reach an agreement based on a revised offer from the employer. This offer includes changes to substituted leave (including payout provisions), shift allowances aligned with the Social, Community, Home Care and Disability Services Award 2010 (SCHADS Award), adjustments to positions classified as 3A and 2A, reduced qualifications allowance for existing recipients, and a commencement date 60 days after approval. The Commissioner believes this compromise balances the employer's financial concerns with employee entitlements and urges both parties to conclude an agreement.
What it means for employers
Employers facing funding challenges during enterprise bargaining should be prepared to negotiate changes to existing entitlements while considering the impact on employees. Seeking assistance from the Fair Work Commission early in the process can help facilitate compromise and avoid prolonged industrial action. The Commissioner's recommendation highlights the importance of balancing financial viability with employee needs.
What it means for employees
Employees involved in enterprise bargaining should be aware that negotiations may result in changes to existing entitlements, particularly when employers face funding difficulties. Union representation is crucial for advocating for employees’ interests and ensuring a fair outcome. Consider carefully any proposed agreement and its impact on your working conditions before voting.
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This summary was drafted 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 →