Hallett Cove Community Children's Centre Inc

[2016] FWCA 542

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hallett Cove Community Children’s Centre Inc

(AG2015/7099)

UNITED VOICE - HALLETT COVE CHILDREN’S CENTRE INC

COLLECTIVE AGREEMENT 2015

Children’s services

COMMISSIONER GREGORY

MELBOURNE, 29 JANUARY 2016

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

Agreement 2015.

[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 2015 (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] 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.
[2016] FWCA 542

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from

5 February 2016. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Hallett Cove Community Children's Centre Inc, sought approval for the United Voice - Hallett Cove Children's Centre Inc Collective Agreement 2015 under Section 185 of the Fair Work Act 2009. The application was heard by Commissioner Gregory in Melbourne on 29 January 2016. The Commissioner was satisfied that all requirements of Sections 186, 187, and 188 of the Act, relevant to the approval of this enterprise agreement, had been met. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The bargaining representative, United Voice, had given notice under Section 183 of the Act that it wanted the Agreement to cover it, and it was noted that the Agreement covers the organisation in accordance with Section 201(2) of the Act.

The legal issues before the court were whether the application met the requirements of the Fair Work Act 2009 for the approval of the enterprise agreement, and whether the agreement itself complied with the Act and its regulations. The court had to ensure that the agreement met the procedural requirements, including proper consultation and representation, and substantive requirements, such as not prejudicing the safety and health of employees and not undermining the safety and health provisions of the Fair Work Act. The Commissioner considered these issues in light of the evidence and submissions presented.

The Commissioner found that the application for approval met all the requirements of the Fair Work Act 2009. The Agreement was approved and would operate from 5 February 2016, with a nominal expiry date of 30 June 2016. The Commissioner noted that the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement, and that United Voice, the bargaining representative, had given notice under Section 183 of the Act that it wanted the Agreement to cover it. The Commissioner also noted that the Agreement covers the organisation in accordance with Section 201(2) of the Act. The Agreement was thus approved and would operate as per the terms set out.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established