DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Adelaide University Childcare Services Inc
(AG2017/1048)

UNITED VOICE - ADELAIDE UNIVERSITY CHILDCARE SERVICES COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER CIRKOVIC	MELBOURNE, 3 MAY 2017

Application for approval of the United Voice - Adelaide University Childcare Services Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Adelaide University Childcare Services 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 Adelaide University Childcare Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement was approved on 3 May 2017 and, in accordance with s.54, will operate from 10 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adelaide University Childcare Services Inc applied to the Fair Work Commission for the approval of the United Voice – Adelaide University Childcare Services Collective Agreement 2016. The application was opposed by the University of Adelaide, which argued that the agreement contained provisions that were not in accordance with the Fair Work Act 2009.

The primary legal issue before the Commission was whether the provisions in the collective agreement were consistent with the Act. The University argued that certain provisions were inconsistent with the Act and therefore should not be approved. The childcare services argued that the provisions were consistent with the Act and should be approved.

The Commission found that the provisions in the collective agreement were generally consistent with the Act. The Commission noted that while some of the provisions were not in strict compliance with the Act, they were not so inconsistent as to render the agreement invalid. The Commission also found that the provisions were in the best interests of the employees and the employer, and that they promoted harmonious, productive and cooperative workplace relations.

The Commission approved the United Voice – Adelaide University Childcare Services Collective Agreement 2016, subject to certain modifications to bring it into compliance with the Act. The University of Adelaide was directed to implement the agreement and the modifications made by the Commission. The childcare services were directed to take all reasonable steps to give effect to the agreement and the modifications made by the Commission.

Adelaide University Childcare Services Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established