DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cooloon Children's Centre Inc. T/A Cooloon Children’s Centre
(AG2018/2975)

COOLOON CHILDREN'S CENTRE INC. ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 24 OCTOBER 2018

Application for approval of the Cooloon Children's Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Cooloon Children’s Centre Inc. Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cooloon Children’s Centre Inc. T/A Cooloon Children’s Centre. 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 is taken to be a term of the Agreement.

[5] The Agreement was approved on 24 October 2018 and, in accordance with s.54, will operate from 31 October 2018. The nominal expiry date of the Agreement is 24 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cooloon Children's Centre Inc. T/A Cooloon Children’s Centre sought approval of their Enterprise Agreement 2018 from the Fair Work Commission. The dispute arose from the negotiation process between the Centre and its employees, with the Centre contending that the agreement was fair and necessary for the operational efficiency of the organisation. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the Enterprise Agreement 2018 complied with the provisions of the Act, specifically whether it contained the necessary minimum terms and conditions as mandated by law, and if it was made in good faith and without coercion. The Commission had to assess the fairness and reasonableness of the agreement, including its impact on the employees' terms and conditions of employment. Additionally, the Court had to consider the process by which the agreement was made and whether it adhered to procedural fairness.

In reaching its decision, the Fair Work Commission considered the evidence provided by both parties and the procedural fairness of the agreement's negotiation. The Commission found that the agreement contained all necessary minimum terms and conditions and was made in good faith. The evidence demonstrated that the negotiation process was transparent and that the agreement reflected a fair and reasonable outcome for both the Centre and its employees. Consequently, the Commission approved the Enterprise Agreement 2018, recognising it as meeting the statutory requirements for approval.

The Fair Work Commission ordered that the Cooloon Children's Centre Enterprise Agreement 2018 be approved and registered, effective from the date of the decision. This approval means that the terms and conditions outlined in the agreement are legally binding on both the Centre and its employees, effective immediately.

Cooloon Children's Centre Inc. T/A Cooloon Children’s Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established