DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aberfoyle Hub Community Children’s Centre Inc
(AG2016/1809)

UNITED VOICE - ABERFOYLE HUB COMMUNITY CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 17 AUGUST 2016

Application for approval of the United Voice - Aberfoyle Hub Community Children’s Centre Inc Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Aberfoyle Hub Community Children’s Centre Inc Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aberfoyle Hub Community Children’s Centre 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] The United Voice 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.

[4] The Agreement was approved on 17 August 2016 and, in accordance with s.54, will operate from 24 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Aberfoyle Hub Community Children’s Centre Inc, an applicant, sought approval for the United Voice - Aberfoyle Hub Community Children’s Centre Inc Collective Agreement 2016. The application was brought before the Fair Work Commission, an Australian workplace relations tribunal. The applicant, a community-based organisation, sought to have the agreement, which outlined the terms and conditions of employment for its staff, formally approved. The legal issues before the Commission centred on whether the collective agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement was made in good faith and for the purpose of creating a workplace relations system that was efficient, adaptable, and promoted high levels of employment. The Commission also considered if the agreement was free from any improper influence or interference and if it provided for the protection of employees' rights and interests. Another issue was whether the agreement provided for a fair and efficient process for the resolution of workplace disputes. The Commission examined the process for determining the agreement, including whether it allowed for genuine consultation and negotiation between the parties.

The Fair Work Commission found that the agreement was made in good faith and for the proper purposes. The applicant demonstrated that the agreement was the result of genuine consultation and negotiation between the employer and the employees, and it provided for an efficient and adaptable workplace relations system. The Commission noted that the agreement contained provisions that promoted high levels of employment and included mechanisms for resolving workplace disputes. The agreement also provided for the protection of employees' rights and interests, including provisions for minimum wage rates, leave entitlements, and other benefits. The Commission was satisfied that the agreement was free from any improper influence or interference and met the necessary legal criteria for approval. The Commission approved the collective agreement, allowing it to come into effect and bind both parties.

The final orders of the Commission included the approval of the United Voice - Aberfoyle Hub Community Children’s Centre Inc Collective Agreement 2016, which would govern the terms and conditions of employment for the staff of the applicant organisation. The agreement was to be registered with the Fair Work Commission and would be enforceable under the Fair Work Act 2009. The Commission also directed that the agreement would be published on its website, ensuring transparency and accessibility for all parties involved.

Aberfoyle Hub Community Children’s Centre Inc

DECISION

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Legal Principle Established