DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hillbank Community Children’s Centre
(AG2016/975)

UNITED VOICE - HILLBANK COMMUNITY CHILDREN’S CENTRE ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 18 MAY 2016

Application for approval of the United Voice - Hillbank Community Children’s Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Hillbank Community Children’s Centre Enterprise 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 Hillbank Community Children’s Centre. The Agreement is a single enterprise agreement.

[2] 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.

[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] 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 18 May 2016 and, in accordance with s.54, will operate from 25 May 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of United Voice and Hillbank Community Children’s Centre, the Fair Work Commission (FWC) was called upon to assess the approval of an enterprise agreement. The agreement in question, the United Voice - Hillbank Community Children’s Centre Enterprise Agreement 2016, was submitted for consideration by the relevant union and employer representatives. The primary focus of the dispute was whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC encompassed several key considerations. The commission had to determine whether the agreement provided for a safety net of minimum wages and conditions, if it was free from any unlawful content, and whether it met the criteria for good faith bargaining. Additionally, the commission needed to ascertain whether the agreement contained any terms that were outside the scope of the enterprise, and if the agreement was consistent with the principles of the national system of industrial relations.

The FWC found that the proposed agreement met the necessary criteria for approval. The commission noted that the agreement provided for a comprehensive safety net, including minimum wage rates and conditions that aligned with the relevant awards and the national minimum standards. Furthermore, the FWC was satisfied that the agreement did not contain any unlawful content and was the product of genuine attempts at conciliation and negotiation. The commission also determined that the terms of the agreement were within the scope of the enterprise and did not contravene the principles of the national system. Consequently, the FWC approved the enterprise agreement, noting its compliance with the legislative requirements.

The FWC's decision was communicated in a written determination, and the United Voice - Hillbank Community Children’s Centre Enterprise Agreement 2016 was formally approved and registered. The terms of the agreement are now binding on the parties and will govern the employment conditions of the employees within the enterprise.

Hillbank Community Children’s Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established