Centre for Non-Violence Inc Summary

[2024] FWCA 1159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Centre for Non-Violence Inc

(AG2024/152)

CENTRE FOR NON-VIOLENCE INC. ENTERPRISE BARGAINING AGREEMENT 2024-2026

Social, community, home care and disability services
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 3 APRIL 2024

Application for approval of the Centre for Non-Violence Inc. Enterprise Bargaining Agreement 2024-2026

Centre for Non-Violence Inc applies under s 185 of the Fair work Act 2009 (Cth) (the Act) for the approval of a single enterprise agreement known as the Centre for Non-Violence Inc. Enterprise Bargaining Agreement 2024-2026 (Agreement).

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. The undertakings are taken to be a term of the Agreement.

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.

The Australian Municipal, Administrative, Clerical and Services Union 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 10 April 2024. The nominal expiry date of the Agreement is 1 January 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Centre for Non-Violence Inc, an entity dedicated to promoting peace and non-violent conflict resolution, applied for the approval of its Enterprise Bargaining Agreement for the period 2024-2026. The Fair Work Commission was tasked with examining the application to determine whether the agreement met the statutory requirements and if it was fair and reasonable. The legal issues that needed to be resolved included whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the Fair Work Act 2009.

The Fair Work Commission found that the proposed agreement provided for fair and reasonable terms and conditions, taking into account the nature of the organisation's work and its specific needs. The Commission also considered the views of the employees and the fairness of the agreement from the perspective of both the employer and the employees. The Commission concluded that the agreement was compliant with the statutory requirements and was fair and reasonable. The Commission approved the Enterprise Bargaining Agreement 2024-2026, noting that it appropriately balanced the interests of both the employer and the employees.

The Fair Work Commission emphasised the importance of fair and reasonable agreements that reflect the unique circumstances of the parties involved. The Commission highlighted that the agreement should provide for the efficient and effective operation of the organisation, while also ensuring that employees' rights and interests are protected. The Commission's decision demonstrates its commitment to facilitating fair and balanced agreements that promote harmonious workplace relations.

Centre for Non-Violence Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established