DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Belconnen Community Association Inc T/A Norther Belconnen Community Association
(AG2019/3110)

UNITED VOICE BIG STEPS AND NORTH BELCONNEN COMMUNITY ASSOCIATION ENTERPRISE AGREEMENT 2019-2022

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 SEPTEMBER 2019

Application for approval of the United Voice Big Steps and North Belconnen Community Association Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the United Voice Big Steps and North Belconnen Community Association Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by North Belconnen Community Association Inc T/A Norther Belconnen Community Association. 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] The United Voice (UV) 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 is approved and, in accordance with s.54 of the Act, will operate from 18 September 2019. The nominal expiry date of the Agreement is 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, North Belconnen Community Association Inc trading as Northern Belconnen Community Association, sought approval of an enterprise agreement with United Voice Big Steps. The matter was heard in the Fair Work Commission. The primary issue for determination was whether the enterprise agreement complied with the relevant statutory provisions and whether it was in the best interests of the employees.

The commission noted that the agreement contained provisions that aligned with the statutory framework, including minimum wage rates and conditions of employment. However, the commission was required to ensure that the agreement did not have any terms that were contrary to public policy or that would undermine the protection of employees' rights. The commission found that the agreement was fair and reasonable, taking into account the needs of both the employees and the employer. It also considered the views of the employees, which were overwhelmingly in favour of the agreement.

The commission approved the enterprise agreement, subject to certain conditions. These conditions included the requirement for the employer to provide regular updates to the employees on the operation of the agreement and to address any concerns or issues that arose. The commission also noted that the agreement contained provisions for the resolution of disputes between the parties, which was a positive feature. Overall, the commission was satisfied that the agreement was in the best interests of the employees and that it complied with the relevant statutory provisions.

No further orders were made by the commission.

North Belconnen Community Association Inc T/A Norther Belconnen Community Association

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established