Novita Children's Services

[2014] FWCA 6278

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Novita Children's Services
(AG2014/8639)

NOVITA CHILDREN'S SERVICES ENTERPRISE AGREEMENT 2014-2016

Health and welfare services
COMMISSIONER HAMPTON	ADELAIDE, 10 SEPTEMBER 2014

Application for approval of the Novita Children's Services Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the Novita Children’s Services Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Novita Children’s Services. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205(1A) of the Act, the model consultation term is taken to be a term of the Agreement.

[4] CPSU, 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) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 September 2014. The nominal expiry date of the Agreement is 31 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Novita Children's Services Enterprise Agreement 2014-2016 was the subject of an application for approval. The applicant, Novita Children's Services, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the agreement's provisions and whether they complied with the statutory requirements for registration.

The primary legal issues before the court were whether the agreement met the necessary criteria for approval, including whether it provided for a modern workplace, the process through which the agreement was made, and the extent to which it complied with the Fair Work Act's minimum standards. The court also considered whether the agreement had been fairly and genuinely negotiated between the parties, as well as the nature of the process and the outcomes for the employees involved.

The Fair Work Commission found that the agreement contained provisions that aligned with the objectives of the Fair Work Act and provided for a modern workplace. The court was satisfied that the agreement had been genuinely negotiated and that the process was fair. The commission noted that the agreement included provisions that addressed the needs of the employees and provided for appropriate terms and conditions of employment. As a result, the court approved the agreement and directed that it be registered as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established