Application by Life Without Barriers
Citation: [2026] FWCA 2188
What happened
Life Without Barriers, a disability services provider, sought approval for the Life Without Barriers Disability Services Enterprise Agreement Victoria 2026. The Health and Community Services Union (HSU) indicated it wanted the agreement to cover them. Some clauses initially raised concerns about the 'Better Off Overall Test' (BOOT). Life Without Barriers provided written undertakings to address these concerns.
What was decided
The Fair Work Commission approved the Life Without Barriers Disability Services Enterprise Agreement Victoria 2026. The Commissioner was satisfied that the undertakings provided by Life Without Barriers would not cause financial detriment to employees or substantially change the agreement. The agreement will operate for seven days after the approval date. The HSU is covered by the agreement.
What it means for employers
Employers seeking to implement enterprise agreements must ensure they meet the Better Off Overall Test. Providing written undertakings to address concerns can facilitate approval. Thorough review of agreement clauses is essential.
What it means for employees
Employees covered by the agreement will benefit from the terms outlined. The HSU is now covered by the agreement, ensuring representation for its members.
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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