DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kath Dickson Family Centre Limited T/A Kath Dickson Centre
(AG2016/6893)

KATH DICKSON FAMILY CENTRE ENTERPRISE AGREEMENT 2016

Educational services
COMMISSIONER GREGORY	MELBOURNE, 4 JANUARY 2017

Application for approval of the Kath Dickson Family Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kath Dickson Family 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 Kath Dickson Family Centre Limited T/A Kath Dickson 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 January 2017. The nominal expiry date of the Agreement is 3 January 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kath Dickson Family Centre Limited T/A Kath Dickson Centre, an organisation dedicated to providing family support services, was the subject of an application for the approval of its Enterprise Agreement 2016. The application was heard in the Fair Work Commission, where the primary concern was the fairness and appropriateness of the terms outlined in the proposed agreement. The dispute arose from concerns about the adequacy of the proposed terms and the process through which the agreement was reached.

The legal issues before the Commission involved assessing whether the proposed Enterprise Agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was procedurally and substantively fair. Procedural fairness centred on whether the agreement was genuinely negotiated and whether proper procedures were followed during the negotiation process. Substantive fairness involved examining whether the terms of the agreement were reasonable in the context of the broader labour market and the specific circumstances of the parties involved.

In delivering its decision, the Fair Work Commission first examined the negotiation process and found that it was conducted in good faith, with appropriate consultation and representation. The Commission also considered the substantive terms of the agreement, including pay rates, conditions of employment, and other employment-related provisions. After a thorough analysis, the Commission concluded that the proposed Enterprise Agreement was both procedurally and substantively fair. The terms were deemed to be reasonable, taking into account the specific needs and circumstances of the Kath Dickson Family Centre and its employees. Consequently, the Commission approved the Enterprise Agreement 2016.

Kath Dickson Family Centre Limited T/A Kath Dickson Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established