DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noarlunga Community Children’s Centres Inc
(AG2016/2176)

UNITED VOICE – NOARLUNGA COMMUNITY CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2015

Children’s services
COMMISSIONER ROE	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the United Voice - Noarlunga Community Children’s Centre Inc Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Noarlunga Community Children’s Centre Inc Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Noarlunga Community Children’s Centres Inc. The Agreement is a single enterprise agreement.

[2] 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.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 24 February 2016 and, in accordance with s.54, will operate from 2 March 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Noarlunga Community Children’s Centres Inc, applied for the approval of the United Voice - Noarlunga Community Children’s Centre Inc Collective Agreement 2015. The application was heard by the Fair Work Commission, which had jurisdiction to approve the agreement under the Fair Work Act 2009. The respondent, United Voice, a registered Australian Council of Trade Unions (ACTU) affiliate, represented the employees of the applicant.

The primary legal issue the Commission needed to decide was whether the agreement met the criteria for approval under section 234 of the Fair Work Act. This included ensuring that the agreement was made in good faith, provided for a fair and efficient workplace, and did not undermine the rights of employees to be protected from adverse action. The Commission also had to consider whether the agreement complied with the Fair Work (Registered Organisations) Act 2009.

The Fair Work Commission found that the agreement met the criteria for approval. It was concluded that the agreement was made in good faith, provided for a fair and efficient workplace, and did not undermine the rights of employees. The agreement also complied with the Fair Work (Registered Organisations) Act 2009. The Commission was satisfied that the agreement provided for appropriate mechanisms for dispute resolution and the protection of employees' rights. Consequently, the application for approval was successful.

The Commission approved the United Voice - Noarlunga Community Children’s Centre Inc Collective Agreement 2015. The agreement is now legally binding on the parties and will govern the employment conditions of the employees represented by United Voice. The approval ensures that the agreement is fair and efficient, and provides appropriate protections for both the employees and the employer.

Noarlunga Community Children’s Centres Inc

DECISION

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Orders of the court

Background to the litigation

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Legal Principle Established