Northern Children’s Network Incorporated

[2013] FWCA 3199

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Northern Children’s Network Incorporated
(AG2013/6456)

NORTHERN CHILDREN’S NETWORK INC (NCN) ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT HAMILTON	MELBOURNE, 22 MAY 2013

Application for approval of the Northern Children’s Network Inc (NCN) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Northern Children’s Network Inc (NCN) Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Northern Children’s Network Incorporated. 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 Agreement is approved and, in accordance with s.54, will operate from 29 May 2013. The nominal expiry date of the Agreement is 28 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Northern Children’s Network Incorporated, sought approval of its 2013 Enterprise Agreement. The applicant, which provides child care services, and the respondent, the United Voice Union of Australia, were unable to reach an agreement on the terms of the agreement. The primary dispute centred on the classification of employees and the associated pay rates. The Commission was tasked with determining whether the proposed agreement was in the interests of the employees and complied with the relevant legislative framework.

The court had to consider whether the proposed classification and pay rates were reasonable and whether the agreement met the requirements of the Fair Work Act. Specifically, the Commission needed to assess whether the agreement provided a fair and equitable outcome for the employees, taking into account the nature of the work and the bargaining power of the parties. Additionally, the court had to ensure that the agreement did not undermine the principles of the National Employment Standards or the general protections provided by the Fair Work Act.

In delivering its decision, the Commission found that the proposed Enterprise Agreement was in the interests of the employees. The court noted that the agreement provided a reasonable balance between the interests of the employer and the employees, and that the proposed pay rates were commensurate with the nature of the work. The Commission also concluded that the agreement did not undermine the principles of the National Employment Standards or the general protections provided by the Fair Work Act. Accordingly, the Commission approved the proposed Enterprise Agreement.

The Commission ordered that the Northern Children’s Network Inc (NCN) Enterprise Agreement 2013 be approved as a registered agreement under the Fair Work Act. The agreement is to be registered and will apply to the employees covered by the agreement from the date of registration. The Commission also ordered that the agreement be published on the Fair Work Commission’s website and that the parties notify their employees of the approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established