DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Modbury Community Children’s Centre Inc
(AG2015/7698)

UNITED VOICE – MODBURY COMMUNITY CHILDREN’S CENTRE AGREEMENT 2015

Children’s services
COMMISSIONER LEE	MELBOURNE, 13 JANUARY 2016

Application for approval of the United Voice - Modbury Community Children’s Centre Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Modbury Community Children’s Centre Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Modbury 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] 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 20 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

Modbury Community Children’s Centre Inc. was the applicant in a proceeding before the Fair Work Commission, which sought approval for the United Voice - Modbury Community Children’s Centre Agreement 2015. The respondent to the application was United Voice, the union representing the employees. The application for approval of the agreement was necessary to provide a legal framework for the employment of staff at the centre, including terms and conditions of employment. The Fair Work Commission, under the Fair Work Act 2009, has the authority to approve such agreements if it is satisfied that they meet specific criteria, including that they provide for the fair and reasonable terms and conditions of employment.

The legal issues before the Commission involved whether the agreement met the criteria for approval under the Fair Work Act. Key considerations included whether the agreement provided for terms and conditions that were fair and reasonable, whether it complied with the relevant provisions of the Act, and whether it had been genuinely negotiated between the parties. The Commission also considered the implications of the agreement on the employees, including the balance of rights and obligations, and the extent to which the agreement facilitated the operation of the centre.

In reaching its decision, the Commission examined the content of the agreement and the evidence provided by both parties. It found that the agreement was genuinely negotiated and provided for terms and conditions that were fair and reasonable. The Commission noted that the agreement included provisions that aligned with the objectives of the centre, such as promoting child development and ensuring the well-being of the children. It also observed that the agreement balanced the interests of both the employer and the employees, providing for a fair distribution of work responsibilities and adequate provisions for leave and other entitlements. The Commission was satisfied that the agreement complied with the relevant provisions of the Act and approved it accordingly.

The Commission's approval of the agreement provides a legal framework for the employment of staff at the Modbury Community Children’s Centre, ensuring that both the employer and employees are aware of their respective rights and obligations. The decision reinforces the importance of genuine negotiation in the formation of enterprise agreements and highlights the role of the Commission in facilitating fair and reasonable terms and conditions of employment.

Modbury 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