DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Lurra Community Children’s Centre, Inc
(AG2016/5927)

UNITED VOICE - LURRA COMMUNITY CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER LEE	MELBOURNE, 21 OCTOBER 2016

Application for approval of the United Voice - Lurra Community Children’s Centre Inc Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Lurra Community Children’s Centre Inc 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 Lurra 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by United Voice, the registered union, for approval of the United Voice - Lurra Community Children’s Centre Inc Collective Agreement 2016. The Lurra Community Children’s Centre Inc, an employer, and United Voice, a union, were the parties to the agreement. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards for approval.

The legal issues before the Commission included whether the agreement satisfied the requirements for coverage and registration, and whether it complied with the good faith bargaining obligations under the Act. Additionally, the Commission needed to consider whether the agreement provided for fair terms and conditions, and whether it adhered to the provisions for minimum wages and other entitlements. The Commission also examined whether the agreement was consistent with the public interest and whether it contained any unfair content.

The Commission found that the agreement was compliant with the coverage and registration requirements and met the good faith bargaining obligations. The terms and conditions were deemed fair and in line with the minimum wage provisions. The agreement was also found to be consistent with the public interest and free from unfair content. Consequently, the Commission approved the agreement and registered it under the Act. The approval and registration of the collective agreement ensured that the terms and conditions for employees of Lurra Community Children’s Centre Inc were legally binding and enforceable.

The final orders of the Commission included the approval and registration of the United Voice - Lurra Community Children’s Centre Inc Collective Agreement 2016, effective from 1 July 2016. The agreement was to apply to the employees of Lurra Community Children’s Centre Inc who were members of United Voice, and it was to remain in force until the earlier of 30 June 2021 or such other date as may be determined by further agreement between the parties or a decision of the Commission. The Commission’s decision provided certainty and legal recognition to the terms and conditions of employment for the affected employees.

Lurra 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