DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aberfoyle Hub Community Children's Centre Inc
(AG2020/1238)

UNITED WORKERS UNION - ABERFOYLE HUB COMMUNITY CHILDREN'S CENTRE INC COLLECTIVE AGREEMENT 2018

Children's services
COMMISSIONER LEE	MELBOURNE, 13 MAY 2020

Application for approval of the United Workers Union - Aberfoyle Hub Community Children's Centre Inc Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Workers Union - Aberfoyle Hub Community Children’s Centre Inc Collective 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 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 Workers’ Union 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 is approved and, in accordance with s.54 of the Act, will operate from 20 May 2020. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aberfoyle Hub Community Children's Centre Inc is a not-for-profit organisation operating in Melbourne. It provides early childhood education and care services. The United Workers Union, which represents employees of the Centre, applied to the Fair Work Commission for approval of a collective agreement made with the Centre. The Centre opposed the application, arguing the agreement contained terms that were not reasonably appropriate for a small business. The Fair Work Commission was required to determine whether the collective agreement was reasonably appropriate for a small business.

The Commission held that it was not required to conduct a full merits review of the agreement. Instead, it could limit its consideration to the terms that the Centre considered not reasonably appropriate. The Commission noted that the Centre had not demonstrated that the terms in question would have an unreasonable impact on its operations or financial viability. The Commission found that the agreement contained terms that were reasonably appropriate for a small business.

The Commission approved the collective agreement, subject to minor modifications to some of the terms the Centre had opposed. These modifications did not alter the overall nature or effect of the agreement. The Centre was ordered to implement the modified agreement. The Union was ordered to provide a copy of the modified agreement to the Centre and to ensure that its members were aware of the terms of the modified agreement.

Aberfoyle Hub Community Children's Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established