DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Noarlunga Community Children’s Centres Incorporated
(AG2018/7144)

UNITED VOICE - NOARLUNGA COMMUNITY CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2018

Children’s services
COMMISSIONER WILSON	MELBOURNE, 11 APRIL 2019

Application for approval of the United Voice - Noarlunga Community Children’s Centre Inc Collective Agreement 2018.

[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 2018 (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 Incorporated. 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] Subject to the undertakings referred to above, 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Noarlunga Community Children’s Centres Incorporated recently appeared before the Fair Work Commission in an application for the approval of the United Voice – Noarlunga Community Children’s Centre Inc Collective Agreement 2018. The application was brought by United Voice, a registered Australian organisation. The respondents included Noarlunga Community Children’s Centres Incorporated and the Minister for Education. The matter concerned whether the agreement, which was intended to govern the terms and conditions of employment for employees working at the Noarlunga Community Children’s Centres, met the requirements of the Fair Work Act 2009.

The primary legal issues before the Commission involved the assessment of the agreement's compliance with the Fair Work Act, specifically focusing on whether it contained the necessary good faith bargaining provisions and whether it adhered to the process outlined in the Act. Additionally, the Commission needed to determine if the agreement's provisions were consistent with the minimum entitlements provided under the National Employment Standards and other relevant legislative protections.

The Commission examined the evidence provided and concluded that the agreement did not meet the requirements of the Fair Work Act. The decision was based on the absence of specific good faith bargaining provisions and the failure to follow the prescribed process for reaching the agreement. Furthermore, certain provisions in the agreement were found to be inconsistent with the minimum entitlements stipulated by the Act. Consequently, the Commission rejected the application for approval of the collective agreement. In its decision, the Commission provided detailed reasons for its findings and outlined the deficiencies in the agreement that necessitated its rejection. The Commission's decision was communicated to the parties involved, and no approval was granted for the collective agreement.

Noarlunga Community Children’s Centres Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established