DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Goolwa Childrens Centre Child Care Inc T/A Goolwa Childrens Centre
(AG2018/5205)

UNITED VOICE - GOOLWA CHILDREN’S CENTRE COLLECTIVE AGREEMENT 2018

Children’s services
COMMISSIONER CIRKOVIC	MELBOURNE, 21 FEBRUARY 2019

Application for approval of the United Voice - Goolwa Children’s Centre Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Goolwa Children’s Centre Collective 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 Goolwa Childrens Centre Child Care Inc T/A Goolwa Childrens 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] The 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.

[5] The Agreement was approved on 21 February 2019 and, in accordance with s.54, will operate from 28 February 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties in this case were Goolwa Childrens Centre Child Care Inc trading as Goolwa Childrens Centre and United Voice. The dispute centred around the approval of the United Voice - Goolwa Children’s Centre Collective Agreement 2018. The matter was heard in the Fair Work Commission.

The primary legal issue the court had to resolve was whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring the agreement adhered to minimum terms and conditions, did not unfairly discriminate, and was consistent with the broader principles of the Fair Work Act. The court also needed to determine if the agreement was made in good faith and if it had been appropriately negotiated.

In examining these issues, the court assessed the terms of the collective agreement against the statutory framework. It looked at whether the agreement provided for minimum entitlements and did not disadvantage any group of employees. The court also considered the process of negotiation, including if the agreement was the product of genuine bargaining between the parties. Ultimately, the court found that the collective agreement met all the necessary legal criteria, including being made in good faith and without unfair discrimination. The court approved the collective agreement, confirming it was compliant with the Fair Work Act.

The final orders of the court were that the United Voice - Goolwa Children’s Centre Collective Agreement 2018 be approved and registered. This decision ensured the agreement would have legal effect and could be enforced between the employer and the employees covered by the agreement.

Goolwa Childrens Centre Child Care Inc T/A Goolwa Childrens Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established