DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aldinga Community Child Care Centre Inc T/A Aldinga Community Child Care Centre
(AG2018/3515)

UNITED VOICE - ALDINGA COMMUNITY CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER LEE	MELBOURNE, 11 SEPTEMBER 2018

Application for approval of the United Voice - Aldinga Community Children’s Centre Inc Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Aldinga Community Children’s Centre Inc Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aldinga Community Child Care Centre Inc T/A Aldinga Community Child Care Centre. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 is approved and, in accordance with s.54 of the Act, will operate from 18 September 2018. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Aldinga Community Child Care Centre Inc, trading as Aldinga Community Child Care Centre, for approval of the United Voice – Aldinga Community Children’s Centre Inc Collective Agreement 2017. The dispute centred around the terms and conditions of employment for the centre's staff, specifically those covered by the proposed collective agreement. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed collective agreement complied with the statutory obligations under the Fair Work Act, including whether it adhered to the requirements for proper bargaining, whether it was certified as a genuinely agreed upon agreement, and whether the terms and conditions it proposed were consistent with the provisions of the Act. Additionally, the Commission considered the fairness and reasonableness of the agreement's terms to ensure they were not overly detrimental to the employees.

In delivering its decision, the Commission examined the evidence provided by both parties and assessed the procedural integrity of the bargaining process. The Commission found that the agreement had been genuinely negotiated and certified as required by law. Furthermore, the terms and conditions of the agreement were found to be fair and reasonable, taking into account the specific circumstances of the workplace. Consequently, the Commission approved the United Voice – Aldinga Community Children’s Centre Inc Collective Agreement 2017.

The Fair Work Commission's final orders included the approval of the collective agreement, which would now govern the employment terms and conditions for the staff of Aldinga Community Child Care Centre, ensuring that the agreement was compliant with all statutory requirements and fair to both the employer and the employees.

Aldinga Community Child Care Centre Inc T/A Aldinga Community Child Care Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established