DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Magill Campus and Community Children’s Centre Inc
(AG2016/3202)

UNITED VOICE - MAGILL CAMPUS AND COMMUNITY CHILDREN’S CENTRE ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 2 JUNE 2016

Application for approval of the United Voice - Magill Campus and Community Children’s Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Magill Campus and Community Children's Centre 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 Magill Campus and Community Children's Centre Inc. 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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 June 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the United Voice - Magill Campus and Community Children’s Centre Enterprise Agreement 2016. The applicants, being the employer and United Voice, sought the court's approval of the enterprise agreement, which had been negotiated between the employer and the union. The agreement concerned the terms and conditions of employment for employees working at the Magill Campus and Community Children’s Centre.

The central legal issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009 for approval. The court had to determine if the agreement was sufficiently bona fide, whether it contained the minimum terms and conditions as specified by the Act, and if it complied with the procedural requirements for approval. Additionally, the court had to assess if the agreement had been negotiated in good faith and if it provided for the employees' protection against adverse action.

In delivering its decision, the court found that the enterprise agreement was bona fide and had been negotiated in good faith. The agreement contained all the minimum terms and conditions prescribed by the Act, and the procedural requirements for approval were satisfied. The court was satisfied that the agreement provided for the employees' protection against adverse action. Consequently, the court approved the enterprise agreement, finding it to be in the best interests of the employees and compliant with the statutory requirements.

The Fair Work Commission approved the United Voice - Magill Campus and Community Children’s Centre Enterprise Agreement 2016, making it a legally binding document governing the terms and conditions of employment for employees working at the Magill Campus and Community Children’s Centre.

Magill Campus and 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