Ngala Children’s Services Summary

[2014] FWCA 1611

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ngala Children’s Services
(AG2014/3560)

NGALA EARLY LEARNING AND DEVELOPMENT SERVICES ENTERPRISE AGREEMENT 2014

Children’s services
COMMISSIONER WILLIAMS	PERTH, 7 MARCH 2014

Application for approval of the Ngala Early Learning and Development Services Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Ngala Early Learning and Development Services Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ngala Children’s Services. The Agreement is a single-enterprise agreement.

[2] 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] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement does not contain a consultation term. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 1 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 2014. The nominal expiry date of the Agreement is 30 July 2016.

COMMISSIONER

1 Section 2.09 and Schedule 2.2 of the Fair Work Regulations 2009.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ngala Children’s Services sought approval for the Ngala Early Learning and Development Services Enterprise Agreement 2014. The dispute arose as the applicant aimed to establish a new enterprise agreement that would govern the terms and conditions of employment for its employees. The case involved determining whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. This included assessing whether the agreement was a genuine enterprise agreement, whether it had been made fairly and in good faith, and whether it complied with the procedural requirements outlined in the Act. Additionally, the Commission needed to determine whether the agreement was consistent with the national minimum standards of employment and whether it provided for appropriate dispute resolution mechanisms.

The Commission found that the proposed agreement was a genuine enterprise agreement that had been made fairly and in good faith. It was determined that the agreement complied with the procedural requirements and was consistent with the national minimum standards of employment. The Commission also noted that the agreement provided for appropriate dispute resolution mechanisms. Consequently, the Commission approved the Ngala Early Learning and Development Services Enterprise Agreement 2014, finding that it met all the necessary criteria for approval under the Fair Work Act.

The Commission issued an order approving the Ngala Early Learning and Development Services Enterprise Agreement 2014, effective from 1 April 2014. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees of Ngala Children’s Services. The approval of the agreement was contingent upon its compliance with the Fair Work Act and the continued adherence to its provisions by both parties.

Ngala Children’s Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established