Modbury Community Children’s Centre Summary

[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.

Printed by authority of the Commonwealth Government Printer

In the case of Modbury Community Children’s Centre, the United Workers Union sought approval for the 2021 collective agreement. The matter was brought before the Fair Work Commission. The primary dispute centred on the union's request for the Commission to endorse the proposed agreement, which outlined various terms and conditions for employees at the centre.

The legal issues before the Commission involved determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement met the good faith bargaining requirements, was free from prohibited content, and did not contravene any other legislative provisions. The Commission also needed to consider the implications of any proposed changes to existing employee conditions.

The Fair Work Commission found that the agreement substantially complied with the Act and its regulations. The Commission noted that the union and the employer had engaged in good faith bargaining, resulting in an agreement that balanced the interests of both parties. The Commission was satisfied that the agreement did not include any prohibited content and did not contravene any other relevant legislation. Consequently, the Commission approved the agreement.

The Commission's decision was that the United Workers Union - Modbury Community Children’s Centre Collective Agreement 2021 be approved. The agreement was to be registered and would come into effect from the date of the Commission's decision, thereby binding both parties and their employees.

Modbury Community Children’s Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established