DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North Belconnen Community Association Incorporated
(AG2015/5487)

UNITED VOICE BIG STEPS AND NORTH BELCONNEN COMMUNITY ASSOCIATION ENTERPRISE AGREEMENT 2015 - 2018

Australian Capital Territory
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 SEPTEMBER 2015

Application for approval of the United Voice Big Steps and North Belconnen Community Association Enterprise Agreement 2015 - 2018.

[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 2015 - 2018 (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 Incorporated. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 September 2015 and, in accordance with s.54, will operate from 7 October 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The North Belconnen Community Association Incorporated brought an application before the Fair Work Commission seeking approval of the United Voice Big Steps and North Belconnen Community Association Enterprise Agreement 2015 - 2018. The applicant sought to have the agreement registered with the Fair Work Commission to ensure its terms and conditions were legally enforceable under the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, specifically whether it contained the mandated terms and conditions, and if it had been fairly and genuinely negotiated between the parties. The Commission had to determine if the agreement met the statutory requirements for registration, including whether it provided for minimum rates of pay, entitlements, and other conditions of employment, and whether it had been made in good faith and without coercion.

The Fair Work Commission examined the agreement in detail, considering the negotiation process, the content of the agreement, and the parties' compliance with the statutory requirements. The Commission found that the agreement contained the mandated terms and conditions, including minimum rates of pay and other entitlements, and that it had been fairly and genuinely negotiated. The Commission concluded that the agreement met all the statutory requirements for registration and approved the agreement.

The Fair Work Commission made an order approving the United Voice Big Steps and North Belconnen Community Association Enterprise Agreement 2015 - 2018. The agreement was registered with the Fair Work Commission, making its terms and conditions legally enforceable under the Fair Work Act 2009. This decision provided certainty to the parties involved and ensured that the agreement would be upheld in any future disputes.

North Belconnen Community Association Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established