Modbury Community Children’s Centre
[2022] FWCA 2476
•22 JULY 2022
| [2022] FWCA 2476 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Modbury Community Children’s Centre
(AG2022/1992)
United Workers Union - Modbury Community Children’s Centre Collective Agreement 2021
| Children’s services | |
| COMMISSIONER P RYAN | SYDNEY, 22 JULY 2022 |
Application for approval of the United Workers Union - Modbury Community Children’s Centre Collective Agreement 2021
Modbury Community Children’s Centre (the Employer) has made an application for approval of an enterprise agreement known as the United Workers Union – Modbury Community Children’s Centre Collective Agreement 2021 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
Pre-approval Steps
There were only six clear days between the date on which employees were notified of the vote and the commencement of the vote. Section 180(3) of the Act requires at least 7 clear days. Furthermore, the notification did not specify the time, place or method voting. The Employer provided submissions that this was an administrative error.
I am satisfied having regard to those submissions, the materials before me, and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] that these matters constitute minor technical or procedural errors for the purposes of s.188(2)(a) of the Act, and that the employees covered by the Agreement were not likely to have been disadvantaged by the error.
As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.
Section 190 Undertakings
The Employer 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. The undertakings are taken to be a term of the Agreement
Sections 186, 187 and 188
Subject to the undertakings referred to above, 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.
Section 183 Bargaining representative
The United Workers Union (UWU) 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) of the Act, I note that the Agreement covers the UWU.
Approval
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 July 2022. The nominal expiry date of the Agreement is 30 June 2024.
COMMISSIONER
Annexure A
[1] [2019] FWCFB 318.
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