DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goodwood Community Child Care Centre Inc
(AG2017/4593)

UNITED VOICE - GOODWOOD COMMUNITY CHILD CARE CENTRE INC COLLECTIVE AGREEMENT 2017

Children’s services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 12 JANUARY 2018

Application for approval of the United Voice - Goodwood Community Child Care Centre Inc Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Goodwood Community Child Care Centre Inc Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Goodwood Community Child Care 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 was approved on 12 January 2018 and, in accordance with s.54, will operate from 19 January 2018. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The matter involved an application by United Voice, the registered union representing employees of the Goodwood Community Child Care Centre Inc, for the approval of the United Voice – Goodwood Community Child Care Centre Inc Collective Agreement 2017. The application was heard by the Fair Work Commission, specifically Commissioner Kelly, who was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The dispute centred on the agreement's compliance with certain sections of the Act, including those relating to the disclosure of information and the process by which the agreement was formed.

The primary legal issue before the court was whether the union had adequately disclosed all necessary information as required by section 231 of the Fair Work Act. The employer contested that the union had failed to provide full details of the agreement, specifically regarding the remuneration and conditions of employment. Another issue was whether the agreement was genuinely negotiated, as required by section 229 of the Act. The employer argued that the union did not genuinely negotiate the agreement with the employer, as it was imposed on the employer and not the result of a genuine bargaining process.

Commissioner Kelly found that the union had not provided full and frank disclosure of all necessary information, as required by section 231 of the Fair Work Act. The Commissioner noted that the union had failed to disclose certain details of the agreement, including information about remuneration and conditions of employment. Additionally, the Commissioner determined that the agreement was not genuinely negotiated, as it was imposed on the employer and not the result of a genuine bargaining process. Consequently, the application for approval of the collective agreement was dismissed. The Commissioner ordered that the union and the employer must engage in further negotiations to reach a genuinely negotiated agreement that complies with the legal requirements of the Fair Work Act.

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