DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hillbank Community Children's Centre
(AG2019/3475)

UNITED VOICE - HILLBANK COMMUNITY CHILDREN'S CENTRE ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER JOHNS	SYDNEY, 25 SEPTEMBER 2019

Application for approval of the United Voice - Hillbank Community Children's Centre Enterprise Agreement 2018.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case are the applicant, United Voice, and the employer, the Hillbank Community Children's Centre. The nature of the dispute is the application for the approval of the Enterprise Agreement 2018, which seeks to establish terms and conditions of employment for the employees of the Centre. The case was heard in the Fair Work Commission, the tribunal responsible for regulating and approving enterprise agreements in Australia. The legal issues that the court had to decide revolve around the fairness and appropriateness of the proposed agreement in terms of the protection of employees' rights and the maintenance of a fair and equitable work environment. The court had to examine whether the agreement met the necessary criteria for approval, including whether it provided for minimum rates of pay, reasonable hours of work, and the protection of employees' entitlements.

The court's reasoning in this case focused on whether the proposed agreement met the requirements set out in the Fair Work Act 2009. The tribunal considered whether the agreement provided for minimum rates of pay and entitlements that were no less favourable than the relevant award or registered agreement. The court also examined whether the agreement contained provisions that were necessary to facilitate the efficient operation of the workplace and whether it provided for a fair and effective mechanism for resolving disputes between the employer and employees. After careful consideration, the court found that the proposed agreement met the necessary criteria for approval and was in the best interests of the employees.

Consequently, the court approved the United Voice - Hillbank Community Children's Centre Enterprise Agreement 2018. This decision ensures that the employees of the Centre will benefit from the terms and conditions of employment outlined in the agreement, providing them with protection and fair treatment in their workplace. The court's approval of the agreement demonstrates the importance of striking a balance between the rights of employees and the needs of employers in the context of enterprise bargaining. The final orders of the court include the approval of the Enterprise Agreement 2018, which will now govern the terms and conditions of employment for the employees of the Hillbank Community Children's Centre.

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