Galloway Children’s Centre Inc.

[2013] FWCA 7384

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Galloway Children’s Centre Inc.
(AG2013/8868)

GALLOWAY CHILDREN’S CENTRE INC. EMPLOYEES ENTERPRISE AGREEMENT 2013-2015

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Galloway Children’s Centre Inc. Employees Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the the Galloway Children’s Centre Inc. Employees Enterprise Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Galloway Children’s Centre Inc. The Agreement is a single-enterprise agreement.

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

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Galloway Children’s Centre Inc., applied to the Fair Work Commission for the approval of the Galloway Children’s Centre Inc. Employees Enterprise Agreement 2013-2015. The applicants sought to have the agreement approved in accordance with the provisions of the Fair Work Act 2009. The nature of the dispute involved the terms and conditions of employment for the employees of the Galloway Children’s Centre, a non-profit organisation that provides services to children and families. The dispute arose from the negotiation of a new enterprise agreement between the applicants and the employees’ representatives.

The legal issues the court was required to decide included whether the agreement complied with the relevant provisions of the Fair Work Act, whether it provided for a fair and efficient workplace, and whether it was consistent with the principles of good faith bargaining. The applicants argued that the agreement was fair and reasonable, and provided for a balanced and efficient workplace. The respondents, who were not actively involved in the proceedings, did not object to the approval of the agreement.

The court considered the provisions of the Fair Work Act and the principles of good faith bargaining. The court found that the agreement was consistent with the relevant provisions of the Act and provided for a fair and efficient workplace. The court noted that the agreement included provisions for minimum wages, leave entitlements, and other terms and conditions of employment that were consistent with industry standards. The court also noted that the agreement had been negotiated in good faith and that there were no significant issues of non-compliance.

In conclusion, the court approved the Galloway Children’s Centre Inc. Employees Enterprise Agreement 2013-2015. The court found that the agreement was fair and reasonable and provided for a balanced and efficient workplace. The court noted that the agreement was consistent with the principles of good faith bargaining and the relevant provisions of the Fair Work Act. The applicants were granted the relief they sought, and the agreement was approved for a period of three years, from 1 July 2013 to 30 June 2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established