DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarendon Children’s Centre Co-Operative Ltd T/A Clarendon Children’s Centre Co-operative
(AG2019/2087)

CLARENDON CHILDREN’S CENTRE CO-OPERATIVE ENTERPRISE AGREEMENT 2019

Children’s services
COMMISSIONER WILSON	MELBOURNE, 17 JULY 2019

Application for approval of the Clarendon Children’s Centre Co-operative Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Clarendon Children’s Centre Co-operative 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 Clarendon Children’s Centre Co-Operative Ltd T/A Clarendon Children’s Centre Co-operative. 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.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 July 2019. The nominal expiry date of the Agreement is 17 December 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Clarendon Children’s Centre Co-Operative Ltd, trading as Clarendon Children’s Centre Co-operative, the matter before the court was an application for the approval of the Clarendon Children’s Centre Co-operative Enterprise Agreement 2019. This application arose from the need to formalise the terms of employment for the staff of the Clarendon Children’s Centre. The dispute involved the terms of the proposed agreement and its compliance with the relevant industrial legislation.

The legal issues at the forefront of this case revolved around whether the proposed Enterprise Agreement was fair and appropriate for the employees of the Clarendon Children’s Centre. Key points of contention included the agreement's compliance with statutory requirements and its fairness in terms of the provisions it contained regarding wages, working conditions, and other employment-related matters. Additionally, the court needed to ensure that the process through which the agreement was negotiated and finalised adhered to legal standards.

The court examined the procedural fairness of the negotiation process and the substantive fairness of the agreement's terms. It considered submissions from both the applicant and the objectors, focusing on the necessity of the proposed changes and their alignment with the Fair Work Act 2009. Ultimately, the court determined that the agreement was fair and appropriate, complying with the necessary legal standards. The court approved the Clarendon Children’s Centre Co-operative Enterprise Agreement 2019, recognising it as a fair and appropriate instrument for the employees of the Clarendon Children’s Centre.

Clarendon Children’s Centre Co-Operative Ltd T/A Clarendon Children’s Centre Co-operative

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established