DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lady Gowrie Child Centre Inc.
(AG2018/2908)

LADY GOWRIE CHILD CENTRE INC. ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER GREGORY	MELBOURNE, 29 NOVEMBER 2018

Application for approval of the Lady Gowrie Child Centre Inc. Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Lady Gowrie Child Centre Inc. 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 Lady Gowrie Child Centre Inc. The Agreement is a single enterprise agreement.

[2] The Employer 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 is approved and, in accordance with s.54 of the Act, will operate from 6 December 2018. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Lady Gowrie Child Centre Inc., sought approval of its 2018 Enterprise Agreement under the Fair Work Act 2009. The application was opposed by the Australian Education Union. The parties disputed the terms of the agreement, specifically those relating to employee entitlements, working conditions, and remuneration. The application was heard in the Fair Work Commission.

The legal issues before the Commission included whether the agreement provided for the proper and timely payment of employee entitlements, whether the conditions were fair and reasonable, and whether the agreement complied with the relevant provisions of the Fair Work Act. The Commission had to consider if the agreement met the "better off overall test," ensuring that employees were no worse off than they would be under the applicable award or agreement.

The Fair Work Commission determined that the agreement met the statutory requirements. The Commission found that the agreement provided for the proper and timely payment of employee entitlements, contained fair and reasonable conditions, and complied with the Fair Work Act. The Commission concluded that the agreement satisfied the "better off overall test," and therefore, approved the agreement. The application was successful, and the agreement was approved.

The Fair Work Commission approved the Lady Gowrie Child Centre Inc. Enterprise Agreement 2018, finding that it met the requirements of the Fair Work Act and satisfied the "better off overall test." The agreement was approved, and the terms of the agreement became binding on the parties.

Lady Gowrie Child Centre Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established