DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Brompton Children’s Centre Inc
(AG2016/3371)

UNITED VOICE - BROMPTON CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 30 JUNE 2016

Application for approval of the United Voice - Brompton Children’s Centre Inc Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Brompton 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 Brompton 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 30 June 2016 and, in accordance with s.54, will operate from 7 July 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Brompton Children’s Centre Inc is an organisation that provides childcare and early childhood education services. The Centre was involved in a dispute over the approval of a collective agreement with United Voice, an industrial organisation representing the interests of the Centre’s employees. The dispute was brought before the Fair Work Commission (FWC), which is the primary Australian federal workplace relations tribunal. The Centre sought approval of the United Voice – Brompton Children’s Centre Inc Collective Agreement 2016.

The legal issues before the FWC were whether the collective agreement complied with the relevant legislative requirements and if it was in the best interests of the employees. The FWC had to determine if the agreement met the necessary standards for approval, including provisions for wages and conditions, leave entitlements, and dispute resolution mechanisms. The Centre argued that the agreement was fair and reasonable, while United Voice contended that it adequately represented the employees' interests.

The FWC examined the provisions of the agreement and considered the submissions from both parties. The FWC found that the agreement contained appropriate provisions for wages, conditions, and dispute resolution, and that it was in the best interests of the employees. The FWC approved the agreement, noting that it provided a fair and reasonable framework for the employment relationship between the Centre and its employees.

The FWC ordered the approval of the United Voice – Brompton Children’s Centre Inc Collective Agreement 2016. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the Centre’s employees.

Brompton 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