Laverton Community Integrated Services Inc

[2023] FWCA 537

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Laverton Community Integrated Services Inc

(AG2022/5592)

Laverton Community Children’s Centre Enterprise Agreement 2022

Children’s services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 FEBRUARY 2023

Application for approval of the Laverton Community Children’s Centre Enterprise Agreement 2022

Laverton Community Integrated Services Inc has made an application for approval of an enterprise agreement known as the Laverton Community Children’s Centre Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The applicant has provided written undertakings, a copy of which 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 it will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

The Agreement was approved on 20 February 2023 and, in accordance with s 54, it will operate from 27 February 2023. The nominal expiry date of the Agreement is 20 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Laverton Community Integrated Services Inc, the matter before the Fair Work Commission involved an application for the approval of an enterprise agreement concerning the Laverton Community Children’s Centre for the year 2022. The applicant, Laverton Community Integrated Services Inc, sought the Commission's endorsement of the proposed agreement which outlined terms and conditions of employment for its employees. The dispute centred around whether the terms of the agreement were fair and reasonable in accordance with the Fair Work Act 2009.

The central legal issues that the Commission had to determine were whether the proposed agreement contained all the mandatory terms required by the Fair Work Act, and if it was free from any provisions that would be considered contrary to the public interest. Additionally, the Commission had to assess if the agreement had been made in good faith and if it was appropriately certified. The fairness of the agreement's terms, including pay rates, conditions, and benefits, was also scrutinized to ensure they were equitable and appropriate given the economic and operational context of the enterprise.

After thorough examination of the proposed agreement, the Commission found that it complied with the statutory requirements and contained all the mandatory terms. The Commission determined that the agreement was fair and reasonable, and was not contrary to the public interest. It was also found that the agreement had been made in good faith and was appropriately certified. The Commission considered the evidence provided regarding the economic context and deemed the proposed terms to be equitable. Consequently, the Commission approved the Laverton Community Children’s Centre Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established