Happy Valley Community Children’s Centre Inc

[2018] FWCA 2075

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Happy Valley Community Children’s Centre Inc

(AG2017/5734)

Happy Valley Community Children’s Centre Enterprise Agreement 2017

Children’s services
Commissioner Harper-Greenwell	MELBOURNE, 11 APRIL 2018

Application for approval of the Happy Valley Community Children’s Centre Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Happy Valley Community Children’s Centre Enterprise 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 Happy Valley Community Children’s Centre Inc. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

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.

The Agreement was approved on 11 April 2018 and, in accordance with s.54, will operate from 18 April 2018. The nominal expiry date of the Agreement is 11 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Happy Valley Community Children’s Centre Enterprise Agreement 2017. The applicant, Happy Valley Community Children’s Centre Inc, sought to have the agreement registered with the Fair Work Commission to ensure it complied with the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements under the Act, specifically concerning the process by which it was made and its substantive fairness.

The central legal issues before the Commission were whether the agreement was genuinely bargained and whether it was procedurally sound. The applicant needed to demonstrate that the agreement was the result of genuine bargaining between the employer and the employees, free from any form of coercion or undue influence. Additionally, the Commission had to ensure that the agreement did not disadvantage employees in terms of their pay and conditions and complied with the provisions of the Fair Work Act.

In determining the matter, the Commission examined the evidence provided by the applicant regarding the bargaining process. The Commission found that the process was conducted in good faith and that the agreement reflected the outcome of genuine negotiations between the employer and the employees. The Commission also considered the content of the agreement and found that it did not disadvantage employees and was compliant with the Fair Work Act. Consequently, the Commission approved the application for the registration of the agreement.

The Fair Work Commission approved the application and registered the Happy Valley Community Children’s Centre Enterprise Agreement 2017. This decision confirmed that the agreement was the result of genuine bargaining and was fair and reasonable in its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established