[2016] FWCA 9208

The attached document replaces the document previously issued with the above code on 22 December 2016.

Addition of Employee Organisation, United Voice.

Angela Delo

Associate to Commissioner Booth.

Dated 22 December 2016.

[2016] FWCA 9208

FAIR WORK COMMISSION

DECISION

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

Neighbourhood Houses Victoria
(AG2016/7522)

NEIGHBOURHOOD HOUSES AND ADULT COMMUNITY EDUCATION CENTRES COLLECTIVE AGREEMENT 2016

Social, community, home care and disability services
COMMISSIONER BOOTH	BRISBANE, 22 DECEMBER 2016

Application for approval of the Neighbourhood Houses and Adult Community Education Centres Collective Agreement 2016.

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

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The following employee organisations who are bargaining representatives for the Agreement have given notices under s.183 of the Act that they want the Agreement to cover them, the:

Australian Municipal, Administrative, Clerical and Services Union (“ASU”); and

National Tertiary Education Industry Union (“NTEU”) and

United Voice (“UV”)

In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 December 2016. The nominal expiry date of the Agreement is 1 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Neighbourhood Houses Victoria, which sought approval of the Neighbourhood Houses and Adult Community Education Centres Collective Agreement 2016. The applicant argued that the agreement was fit for purpose and should be approved by the Fair Work Commission. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the proposed agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations. Specifically, the Commission had to consider if the agreement adequately protected the rights of employees, ensured fair and reasonable terms and conditions of employment, and was consistent with the objectives of the Act. The Commission also had to assess if the agreement contained the necessary dispute resolution mechanisms and if the process for its negotiation and approval was fair and transparent.

The Fair Work Commission found that the proposed agreement met the requirements for approval. The Commission noted that the agreement was negotiated in good faith and included provisions that were fair and reasonable for the employees. The agreement provided for appropriate dispute resolution mechanisms and adhered to the objectives of the Fair Work Act. The Commission concluded that the agreement was consistent with the statutory framework and should be approved.

The Fair Work Commission approved the Neighbourhood Houses and Adult Community Education Centres Collective Agreement 2016, confirming that it met the necessary criteria under the Fair Work Act. The Commission's decision was based on the comprehensive evaluation of the agreement's terms, its alignment with the statutory objectives, and the fairness of the negotiation process.

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