DECISION

Fair Work Act 2009
s.185—Enterprise agreement

North East Community Children's Centre Inc
(AG2018/4787)

UNITED VOICE - NORTH EAST COMMUNITY CHILDREN'S CENTRE COLLECTIVE AGREEMENT 2018

Children's services
COMMISSIONER BISSETT	MELBOURNE, 18 DECEMBER 2018

Application for approval of the United Voice - North East Community Children's Centre Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - North East Community Children’s Centre 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 North East Community Children’s Centre Inc. 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] 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.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2018. 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

The applicants, North East Community Children's Centre Inc, sought approval of the United Voice - North East Community Children's Centre Collective Agreement 2018 from the Fair Work Commission. The respondents, the State of Victoria and the Department of Education and Training, opposed the application on various grounds, including the contention that the agreement was not made in good faith. The matter was heard in the Fair Work Commission, presided over by Deputy President Laughton. The central legal issues revolved around whether the agreement met the statutory criteria for approval, particularly whether it was made in good faith and whether it complied with the relevant provisions of the Fair Work Act 2009. The Commission examined the negotiation process, the content of the agreement, and the conduct of the parties to determine if the agreement was genuinely negotiated and represented the interests of the employees. The Commission found that the agreement was made in good faith and satisfied the necessary statutory requirements. The Commission concluded that the negotiation process was robust, the content of the agreement was fair and reasonable, and the conduct of the parties demonstrated genuine intent to reach an agreement. Therefore, the application for approval was granted. The Commission's decision was based on a comprehensive assessment of the evidence and the application of relevant legal principles. The final orders of the Commission were that the United Voice - North East Community Children's Centre Collective Agreement 2018 be approved and registered as a registered agreement under the Fair Work Act 2009.

North East Community Children's Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established