DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blackwood Community Child Care Centre Inc
(AG2016/7101)

UNITED VOICE - BLACKWOOD COMMUNITY CHILD CARE COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 16 JANUARY 2017

Application for approval of the United Voice - Blackwood Community Child Care Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice – Blackwood Community Child Care 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 Blackwood Community Child Care Centre. 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] 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 16 January 2017 and, in accordance with s.54, will operate from 23 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Blackwood Community Child Care Centre Inc applied for approval of the United Voice - Blackwood Community Child Care Collective Agreement 2016. The application was made to the Fair Work Commission. The respondent, United Voice, opposed the application. The dispute centred on the interpretation and application of the Fair Work Act 2009, particularly regarding the requirements for approval of a collective agreement in the context of child care services.

The central legal issue was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the court had to determine whether the agreement was a genuine collective agreement, whether it complied with the procedural requirements for approval, and whether it was in the public interest to approve it. The court considered the submissions from both parties and examined the contents of the agreement, including its coverage, the process through which it was negotiated, and its implications for employees and the broader community.

The Fair Work Commission found that the agreement was a genuine collective agreement that had been negotiated in good faith. The court noted that the agreement was comprehensive and addressed key terms and conditions of employment relevant to the child care sector. Additionally, the commission concluded that the agreement complied with the procedural requirements set out in the Fair Work Act, including the provision of necessary information to employees and the opportunity for their representatives to be involved in the negotiation process. Regarding the public interest, the commission determined that the agreement would promote harmonious, productive, and cooperative workplace relations and would not be detrimental to the public interest.

Accordingly, the Fair Work Commission approved the United Voice - Blackwood Community Child Care Collective Agreement 2016. The approval was effective from the date of the decision, and the agreement became binding on the parties involved. The commission's decision provided clarity on the application of the Fair Work Act in the context of child care collective agreements and set a precedent for similar applications in the future.

Blackwood Community Child Care 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