DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodwood Community Child Care Centre Inc
(AG2020/2655)

UNITED WORKERS’ UNION - GOODWOOD COMMUNITY CHILD CARE CENTRE INC COLLECTIVE AGREEMENT 2018

Children’s services
COMMISSIONER PLATT	ADELAIDE, 16 SEPTEMBER 2020

Application for approval of the United Workers’ Union - Goodwood Community Child Care Centre Inc Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Workers’ Union - Goodwood Community Child Care Centre Inc Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Goodwood Community Child Care Centre Inc (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 15 September 2020.

[3] The United Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Goodwood Community Child Care Centre Inc, sought approval of the United Workers’ Union - Goodwood Community Child Care Centre Inc Collective Agreement 2018. The United Workers’ Union was the representative of the employees of the childcare centre. The applicant opposed the approval of the agreement on the basis that it contravened the Fair Work Act 2009 (Cth). The application was heard in the Fair Work Commission.

The central issue before the Commission was whether the terms of the collective agreement complied with the requirements of the Fair Work Act 2009 (Cth). Specifically, the applicant argued that certain provisions of the agreement were contrary to the Act's objective of facilitating a cooperative workplace. The Commission had to determine whether the agreement contained any terms that were contrary to the public interest or that failed to provide for the proper administration of the workplace.

The Commission examined the terms of the agreement and found that they did not contravene the Fair Work Act 2009 (Cth). The Commission noted that the agreement contained provisions that facilitated a cooperative workplace and provided for the proper administration of the workplace. The Commission concluded that the agreement was consistent with the objectives of the Act and approved the agreement.

The Commission approved the United Workers’ Union - Goodwood Community Child Care Centre Inc Collective Agreement 2018. The applicant's application for approval of the agreement was dismissed.

Goodwood Community Child Care 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