Lurra Community Children's Centre Incorporated

Case [2019] FWCA 4308


[2019] FWCA 4308
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Lurra Community Children's Centre Incorporated
(AG2019/1756)

UNITED VOICE - LURRA COMMUNITY CHILDREN'S CENTRE INC COLLECTIVE AGREEMENT 2018

Children's services

COMMISSIONER JOHNS

SYDNEY, 21 JUNE 2019

Application for approval of the United Voice - Lurra Community Children's Centre Inc Collective Agreement 2018.

[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 2018 (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 Incorporated. 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 is approved and, in accordance with s.54 of the Act, will operate from 28 June 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

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Details
AGLC
Lurra Community Children's Centre Incorporated [2019] FWCA 4308
Case
[2019] FWCA 4308
Decision Date

CaseChat Overview and Summary

Lurra Community Children's Centre Incorporated applied for the approval of the United Voice - Lurra Community Children's Centre Inc Collective Agreement 2018. The application was heard by the Fair Work Commission, which must approve such agreements to ensure they comply with the Fair Work Act 2009. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment for its employees, and the respondents, including United Voice, did not object to the agreement's approval.

The legal issues the court was required to decide included whether the agreement was made in the course of employment and whether the agreement provided for terms and conditions of employment that were fair and reasonable. The court also needed to determine whether the agreement was made in good faith and whether it complied with the Fair Work Act. The court examined the provisions of the agreement, the bargaining process, and the views of the parties involved.

The court found that the agreement was made in the course of employment and provided for fair and reasonable terms and conditions of employment. The court also found that the agreement was made in good faith and complied with the Fair Work Act. The court considered the evidence provided by the parties and the provisions of the agreement. The court found that the agreement was fair and reasonable and did not contain any terms that would undermine the protection of employees' rights or interests.

The Fair Work Commission approved the United Voice - Lurra Community Children's Centre Inc Collective Agreement 2018, finding it to be fair and reasonable and made in good faith. The court noted that the agreement provided for terms and conditions of employment that were consistent with the principles of the Fair Work Act and did not undermine the protection of employees' rights or interests. The approval of the agreement ensures that the employees of Lurra Community Children's Centre Incorporated have fair and reasonable terms and conditions of employment.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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