DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ngala Family Services
(AG2017/1403)

NGALA “CHILDREN SERVICES” ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER SAUNDERS	NEWCASTLE, 12 MAY 2017

Application for approval of the Ngala “Children’s Services” Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Ngala “Children’s Services” Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ngala Family Services. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

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

[5] 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.

[6] The 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 May 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Ngala Family Services, a provider of services to Aboriginal and Torres Strait Islander communities, applied to the Fair Work Commission (FWC) for approval of the Ngala “Children’s Services” Enterprise Agreement 2016. The agreement related to employees of Ngala who provide children’s services in Western Australia. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009.

The court was required to determine whether the agreement met the criteria for approval, including whether the agreement contained a genuine enterprise bargain, was made in good faith, and complied with procedural requirements. The court also had to consider whether the agreement contained minimum terms and conditions as required by the Fair Work Act. The court further examined whether the agreement provided for proper consultation and negotiation processes.

The FWC approved the agreement, finding that it was a genuine enterprise bargain and was made in good faith. The FWC also found that the agreement complied with procedural requirements and contained minimum terms and conditions. The FWC noted that the agreement provided for proper consultation and negotiation processes, including the involvement of employee representatives. The FWC concluded that the agreement met the requirements for approval under the Fair Work Act.

The FWC approved the Ngala “Children’s Services” Enterprise Agreement 2016, effective from 1 July 2016. The agreement provides for the terms and conditions of employment for employees of Ngala who provide children’s services in Western Australia. The FWC noted that the agreement provided for fair and reasonable terms and conditions, and that it met the requirements for approval under the Fair Work Act.

Ngala Family Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established