DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Neighbourhood Houses Victoria
(AG2018/4703)

NEIGHBOURHOOD HOUSES AND ADULT COMMUNITY EDUCATION CENTRES COLLECTIVE AGREEMENT 2018

Health and welfare services
COMMISSIONER BISSETT	MELBOURNE, 8 MAY 2019

Application to approve Neighbourhood Houses and Adult Community Education Centres Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Neighbourhood Houses and Adult Community Education Centres Collective Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Neighbourhood Houses Victoria. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement lodged contains errors at clause 16.1 and 16.2 and clause numbering errors at Schedule 4. On 3 May 2019 the Applicant filed amended pages 14 and 38 to the Agreement pursuant to s.586 of the Act. I am satisfied that the corrections should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] The Australian Municipal, Administrative, Clerical and Services Union, National Tertiary Education Industry Union and United Voice being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 May 2019. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Neighbourhood Houses Victoria (NHV) sought approval of a proposed collective agreement with the Adult Community Education Centre (ACEC) as the authorised bargaining agent for relevant employees. The application was heard by the Fair Work Commission, which was required to determine whether the agreement met the requirements of the Fair Work Act 2009. The court considered whether the proposed agreement was in the interests of the employees, whether it provided for the protection of employees' rights, and whether it provided for a fair and efficient method of resolving disputes.

The primary issue for the court was whether the proposed agreement met the requirements of section 235 of the Fair Work Act, which outlines the matters the Commission must take into account in deciding whether to approve a proposed agreement. The court considered whether the agreement provided for the protection of employees' rights, whether it provided for a fair and efficient method of resolving disputes, and whether it was in the interests of the employees. The court also considered whether the agreement provided for the protection of vulnerable employees, and whether it provided for a fair and efficient method of resolving disputes.

The court found that the proposed agreement met the requirements of the Fair Work Act. The court considered that the agreement provided for the protection of employees' rights, including their right to fair and equal treatment, and their right to be free from discrimination. The court also considered that the agreement provided for a fair and efficient method of resolving disputes, and that it was in the interests of the employees. The court found that the agreement provided for the protection of vulnerable employees, and that it provided for a fair and efficient method of resolving disputes. The court approved the proposed agreement.

The court made orders approving the proposed agreement, and directed that the agreement be registered with the Fair Work Commission. The court also directed that the agreement be given effect in accordance with the provisions of the Fair Work Act.

Neighbourhood Houses Victoria

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established