[2016] FWCA 3821

The attached document replaces the document previously issued with the above code on 15 June 2016.

By including “2016” in the agreement title in paragraph [1].

Member Support

Dated 15 June 2016.

[2016] FWCA 3821

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Golden Grove Homestead Community Children’s Centre Inc
(AG2016/1135)

UNITED VOICE - GOLDEN GROVE HOMESTEAD COMMUNITY CHILDREN’S CENTRE INC ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER LEE	MELBOURNE, 15 JUNE 2016

Application for Approval of the United Voice - Golden Grove Homestead Community Children’s Centre Inc Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice – Golden Grove Homestead Community Children’s Centre Inc Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Golden Grove Homestead Community 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 as are relevant to this application for approval have been met.

[3] United Voice 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by United Voice for approval of the Golden Grove Homestead Community Children’s Centre Inc Enterprise Agreement 2016. The agreement was between the employer and its employees who are members of the union. The nature of the dispute centred on whether the terms of the agreement met the requirements of the Fair Work Act 2009, particularly concerning the obligations imposed on employers under section 235 of the Act. The Commission was tasked with ensuring the agreement was fair and reasonable, as well as being consistent with the broader objectives of the Act.

The legal issues that the Commission had to resolve included whether the enterprise agreement complied with the mandatory provisions set out in the Fair Work Act and whether it included all the necessary minimum terms and conditions of employment. Another key issue was whether the agreement unfairly disadvantaged any employees and whether it was made in good faith and without coercion. The Commission had to carefully review each clause of the agreement to ensure it adhered to the statutory framework.

In considering these issues, the Commission examined the specific terms of the agreement, the negotiation process, and the fairness of the terms to both the employees and the employer. The Commission found that the agreement was made in good faith, without coercion, and that it did not unfairly disadvantage any employees. It was also determined that the agreement met the mandatory minimum terms and conditions prescribed by the Fair Work Act. Consequently, the Commission approved the Golden Grove Homestead Community Children’s Centre Inc Enterprise Agreement 2016.

The final orders included the approval of the enterprise agreement, which would now govern the employment terms and conditions of the employees covered by the agreement. The decision ensured that the employees would benefit from a legally compliant and fair agreement, while also providing the employer with the certainty and flexibility needed to manage its workforce effectively.

Golden Grove Homestead Community Children’s Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established