DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarendon Children’s Centre Co-Operative
(AG2015/1861)

CLARENDON CHILDREN’S CENTRE CO-OPERATIVE ENTERPRISE AGREEMENT 2014

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 5 MARCH 2015

Application for approval of the Clarendon Children’s Centre Co-operative Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Clarendon Children’s Centre Co-operative Enterprise Agreement 2014 (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. The agreement is a single-enterprise agreement.

[2] In accordance with s.190 of the Act I sought an undertaking from the employer with respect to the Agreement. I have accepted the undertaking provided.

[3] In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached as an annexure to this decision.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 12 March 2015. The nominal expiry date of the Agreement is 17 December 2018.

COMMISSIONER

Annexure

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Clarendon Children’s Centre Co-Operative applied to the Fair Work Commission for approval of their 2014 Enterprise Agreement. The matter was heard by Commissioner D. K. Johnson in the Commission’s Melbourne office. The dispute arose from negotiations between the Centre and its employees over the terms of their employment, seeking to formalise these terms in a new enterprise agreement. The crux of the disagreement was whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly concerning the minimum entitlements and procedural fairness.

The court was tasked with determining whether the proposed agreement complied with the statutory requirements set forth in the Fair Work Act, including ensuring that it provided for minimum entitlements and was made in accordance with the relevant procedural standards. Specifically, the court had to consider whether the agreement was genuinely negotiated, contained only permissible content, and adhered to the proper process for making an enterprise agreement.

Commissioner Johnson found that the agreement was procedurally sound and met all the requirements of the Fair Work Act. The agreement was deemed to have been genuinely negotiated, contained permissible content, and was made in accordance with the relevant statutory process. Given these findings, the court approved the Clarendon Children’s Centre Co-operative Enterprise Agreement 2014. The decision highlighted the importance of ensuring that enterprise agreements are negotiated fairly and contain all necessary provisions to protect employee rights while also meeting the employer's operational needs.

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