DECISION

Fair Work Act 2009
s.185—Enterprise agreement

LeFevre Community Children’s Centre Inc
(AG2016/3878)

UNITED VOICE – LEFEVRE CHILD CARE CENTRE COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 24 AUGUST 2016

Application for approval of the United Voice - LeFevre Child Care Centre Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - LeFevre Child Care Centre Collective 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 LeFevre Community Children’s Centre Inc. 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 was approved on 24 August 2016 and, in accordance with s.54, will operate from 31 August 2016. The nominal expiry date of the Agreement is 30 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

LeFevre Community Children’s Centre Inc sought approval of the United Voice - LeFevre Child Care Centre Collective Agreement 2016. The application was heard in the Fair Work Commission. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the good faith bargaining provisions and if it contained terms and conditions that were not contrary to public policy or unfair.

The Commission examined the bargaining process and found that both parties had engaged in genuine and meaningful negotiations. It was satisfied that the agreement was reached in good faith, as there was no evidence of coercion or improper conduct. The terms of the agreement were also scrutinised to ensure they did not contravene public policy or result in unfairness. After considering the evidence and arguments presented, the Commission concluded that the agreement met the necessary criteria for approval.

As a result, the Fair Work Commission approved the United Voice - LeFevre Child Care Centre Collective Agreement 2016. The decision was based on the finding that the agreement was the product of good faith bargaining and did not include any terms that were contrary to public policy or unfair. The approval of the agreement allows it to be registered and enforceable under the Fair Work Act.

LeFevre Community Children’s 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