DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Children’s Protection Society T/A Kids First
(AG2019/1010)

KIDS FIRST AUSTRALIA (KIDS FIRST) AND AUSTRALIAN SERVICES UNION (ASU) ENTERPRISE AGREEMENT 2019

Social, community, home care and disability services
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2019

Application for approval of the Kids First Australia (Kids First) and Australian Services Union (ASU) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Kids First Australia (Kids First) and Australian Services Union (ASU) Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Children’s Protection Society T/A Kids First. The Agreement is a single enterprise agreement.

[2] 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.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Kids First Australia and the Australian Services Union, who sought approval of their Enterprise Agreement 2019. The nature of the dispute was procedural, focusing on the fairness and appropriateness of the agreement in accordance with the Fair Work Act 2009. The court involved was the Fair Work Commission (FWC), Australia’s independent national workplace relations tribunal.

The legal issues before the court were whether the agreement met the criteria for approval under section 234 of the Fair Work Act. These criteria include whether the agreement covers a small business, whether it was made in good faith, and whether it provides for terms and conditions of employment that are no less favourable than the applicable modern award. Additionally, the court needed to assess whether the agreement was made without any improper conduct and whether it included appropriate processes for the resolution of future disputes.

The FWC considered the submissions and evidence provided by both parties. It examined whether the agreement provided for appropriate minimum terms and conditions, taking into account the specific needs of the small business and its employees. The FWC also assessed whether the bargaining process was conducted in good faith and whether the agreement appropriately addressed the terms and conditions of employment. Ultimately, the FWC found that the agreement met all necessary criteria and approved it. The FWC highlighted the importance of tailored agreements that appropriately balance the needs of both employers and employees within a small business context.

Children’s Protection Society T/A Kids First

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established