Novita Children's Services

[2018] FWCA 1937

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Novita Children's Services

(AG2017/6209)

Novita Enterprise Agreement 2017

Health and welfare services
Commissioner Johns	SYDNEY, 4 APRIL 2018

Application for approval of the Novita Enterprise Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Novita Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Novita Children’s Services. The Agreement is a single enterprise agreement.

The Applicant 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.

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.

The Community and Public Sector Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 April 2018. The nominal expiry date of the Agreement is 31 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

Novita Children's Services sought approval of the Novita Enterprise Agreement 2017, which was to govern the employment terms of its employees. The application was made to the Fair Work Commission, and the Australian Council of Trade Unions, among others, intervened in the proceedings.

The primary legal issue was whether the agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was in the public interest, and if it provided for fair and reasonable terms and conditions for employees. The court also had to consider if the agreement had been negotiated in good faith and if it contained the necessary procedural safeguards.

The Fair Work Commission approved the agreement, finding that it met all the statutory criteria. The Commission noted that the agreement contained provisions for the fair and reasonable treatment of employees, and that it had been negotiated in good faith. The agreement also included adequate procedural safeguards and was deemed to be in the public interest. The Commission considered the views of the employees and the employer, as well as the broader public interest in ensuring the provision of essential services to children with disabilities.

The court made an order approving the Novita Enterprise Agreement 2017, subject to certain conditions. These conditions included the requirement that the employer provide certain information to the employees and that the agreement be reviewed every three years. The Commission also noted that the agreement would expire on the earlier of 31 December 2022 or the date on which a new enterprise agreement is made.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established