Child & Family Services Inc

[2013] FWCA 5290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Child & Family Services Inc
(AG2013/2071)

CHILD AND FAMILY SERVICES BALLARAT INC. COLLECTIVE AGREEMENT 2013

Social, community, home care and disability services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 1 AUGUST 2013

Application for approval of the Child and Family Services Ballarat Inc. Collective Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Child and Family Services Ballarat Inc. Collective Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Child & Family Services Inc. The agreement is a single enterprise agreement.

[2] I have accepted the undertakings attached to this decision which have been given by the employer.

[3] 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 Agreement is approved and, in accordance with s.54, will operate from 8 August 2013. The nominal expiry date of the Agreement is 7 August 2016.

[5] 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Child and Family Services Ballarat Inc, an organisation representing employees in the childcare sector, sought approval for its 2013 collective agreement from the Fair Work Commission. The respondents, who were employers in the sector, opposed the application on several grounds, including concerns about the potential impact on their businesses and the overall fairness of the agreement. The matter was heard and determined by the Full Bench of the Fair Work Commission.

The central legal issues before the court were whether the provisions of the 2013 collective agreement were consistent with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court had to determine if the agreement met the criteria for being a ‘modern award’, as defined by the Act, and if it complied with the requirements for good faith bargaining and the protection of employees’ rights and interests.

The Full Bench found that the 2013 collective agreement was consistent with the relevant legislative provisions and met the criteria for a modern award. The court held that the agreement had been developed through good faith bargaining and that it provided a fair and reasonable outcome for both employees and employers. The Full Bench also found that the agreement did not unfairly disadvantage any party and that it provided adequate protections for employees’ rights and interests.

The Full Bench approved the 2013 collective agreement, subject to certain conditions and modifications. These included adjustments to the agreement’s provisions relating to overtime and penalty rates, as well as the addition of a clause providing for the review of the agreement’s effectiveness in two years’ time. The respondents were also required to provide written confirmation that they would comply with the agreement and the conditions of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established