DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Learning Links T/A Learning Links
(AG2016/569)

LEARNING LINKS ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER LEE	MELBOURNE, 4 MAY 2016

Application for approval of the Learning Links Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Learning Links 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 Learning Links T/A Learning Links. 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Independent Education Union of Australia 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.

[6] The Agreement was approved on 4 May 2016 and, in accordance with s.54, will operate from 11 May 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Learning Links T/A Learning Links, sought approval of the Learning Links Enterprise Agreement 2016, which was submitted to the Fair Work Commission (FWC) for consideration. The application was made under section 231 of the Fair Work Act 2009 (Cth). The dispute centred on whether the proposed agreement was appropriate for registration, taking into account the various statutory criteria, including the balance of public interest, the promotion of workplace harmony, and the provision of procedural fairness. The matter was heard by Commissioner Williams.

The primary legal issues before the court were whether the agreement complied with the legislative requirements for registration and if it appropriately balanced the interests of the employees, employers, and the public. The court examined if the agreement met the procedural requirements, including the provision of necessary information to relevant parties, and if it provided for appropriate mechanisms for dispute resolution and procedural fairness. Additionally, the court assessed if the agreement adequately promoted workplace harmony and if it was in the public interest.

The court found that the Learning Links Enterprise Agreement 2016 met the statutory criteria for registration. Commissioner Williams concluded that the agreement was fair and appropriate for approval, noting the procedural fairness provided to the parties involved and the promotion of workplace harmony. The court also determined that the agreement was in the public interest and balanced the interests of the employees, employers, and the broader community. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Learning Links Enterprise Agreement 2016, determining it to be appropriate for registration under section 231 of the Fair Work Act 2009 (Cth). The decision was made on the basis that the agreement met all necessary statutory criteria, including procedural fairness, workplace harmony, and public interest considerations. The court's decision ensures that the agreement remains in effect, governing the employment conditions for the relevant employees.

Learning Links T/A Learning Links

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established