DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hallett Cove Community Children’s Centre Inc
(AG2016/5428)

UNITED VOICE – HALLETT COVE CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the United Voice - Hallett Cove Children’s Centre Inc Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Hallett Cove Children’s Centre Inc Collective 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 Hallett Cove 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Hallett Cove Community Children’s Centre Inc, seeking approval for the United Voice - Hallett Cove Children’s Centre Inc Collective Agreement 2016. The application was heard in the Fair Work Commission. The core of the dispute was whether the proposed terms and conditions outlined in the collective agreement complied with relevant labour laws and were fair and reasonable for the employees covered by the agreement.

The Fair Work Commission was tasked with determining if the collective agreement met the statutory requirements under the Fair Work Act 2009. This included assessing whether the agreement contained provisions that were consistent with the principles of the National Employment Standards and whether the terms were fair and reasonable in light of the existing workplace conditions and economic factors. The Commission also needed to consider the submissions from both the employer and the union, as well as the interests of the employees.

The Fair Work Commission found that the proposed agreement was compliant with the relevant labour laws. The Commission noted that the agreement contained appropriate provisions that aligned with the National Employment Standards and other statutory requirements. The terms and conditions were deemed fair and reasonable, taking into account the nature of the childcare industry and the specific circumstances of the employees. The Commission concluded that the agreement did not disadvantage the employees and was in line with the objectives of promoting fair and productive workplace relations. The application for approval was subsequently granted.

The Fair Work Commission issued an order approving the United Voice - Hallett Cove Children’s Centre Inc Collective Agreement 2016. This decision confirmed that the collective agreement was valid and could be implemented, providing a framework for the terms and conditions of employment for the employees of Hallett Cove Community Children’s Centre Inc.

Hallett Cove 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