Modbury Community Children’s Centre T/A Modbury Community Children’s Centre

[2020] FWCA 3538

[2020] FWCA 3538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Modbury Community Children’s Centre T/A Modbury Community Children’s Centre
(AG2020/1662)

UNITED WORKERS UNION - MODBURY COMMUNITY CHILDREN’S CENTRE COLLECTIVE AGREEMENT 2018

Children’s services
COMMISSIONER PLATT	ADELAIDE, 6 JULY 2020

Application for approval of the United Workers Union - Modbury Community Children’s Centre Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Workers Union - Modbury Community Children’s Centre Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Modbury Community Children’s Centre T/A Modbury Community Children’s Centre (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 25 June 2020.

[3] On 1 July 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 2 July 2020. The undertaking deals with the following topics:

•  In relation to clause 7.5.4, an employee who has given the Applicant notice of taking compassionate leave must, if required by the Applicant, provide evidence that would satisfy a reasonable person that the leave is taken in accordance with clause 7.5.

•  In relation to clause 7.5.5, an employee may take compassionate leave for a permissible occasion as a single continuous 2 day period, 2 separate periods of 1 day or any separate periods as agreed to by the employee and the Applicant.

•  In relation to Schedule 2.5.2, if an employee does not give the period of notice required under S2.5.1, the Applicant may deduct from wages due to the employee an amount that is no more than two weeks’ wages.

•  In relation to clause 6.1.2, regardless of clause 6.3, ordinary hours shall be worked between 6.30am and 6.30pm Monday to Friday (inclusive) and any work done outside the spread of hours as part of the ordinary hours of work, is payable at overtime rates.

•  A part-time employee who agrees to work in excess of their normal hours will be paid at ordinary time for up to 8 hours provided that the additional time worked is during the ordinary hours of operation of the Centre. No part-time employee may work in excess of 8 hours in any day without the payment of overtime.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express a view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union, 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 this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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