DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Aldinga Community Children’s Centre Inc
(AG2016/882)

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

Children’s services
COMMISSIONER ROE	MELBOURNE, 18 MAY 2016

Application for approval of the United Voice - Aldinga 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 - Aldinga 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 Aldinga Community Children’s Centre Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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 18 May 2016 and, in accordance with s.54, will operate from 25 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved Aldinga Community Children’s Centre Inc, an employer, and United Voice, a union. The union sought approval for a collective agreement governing employment conditions for the centre’s staff. The Fair Work Commission was required to assess the agreement to ensure it complied with the Fair Work Act 2009, particularly provisions relating to good faith bargaining and employee entitlements.

The central legal issues before the Commission were whether the agreement had been negotiated in good faith and whether it contained terms and conditions that were fair and reasonable. The Commission considered the process of negotiation, the extent to which both parties had engaged in good faith, and the substantive terms of the agreement in terms of compliance with minimum standards and fairness.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained terms that were fair and reasonable. The Commission emphasised the importance of the negotiation process, noting that both parties had demonstrated a commitment to reaching an agreement. Regarding the substantive terms, the Commission concluded that the agreement provided adequate protections for employees, including provisions for leave, hours of work, and remuneration, which aligned with or exceeded minimum legal standards. The Commission approved the collective agreement, acknowledging its compliance with the statutory requirements and its fairness to both parties.

The final orders of the Commission included the approval of the United Voice - Aldinga Community Children’s Centre Inc Collective Agreement 2016, effective from the date of the decision. The Commission noted that this approval would provide a stable and fair framework for the employment relationship between the employer and the employees.

Aldinga 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