| [2023] FWCA 72 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
One Tree Community Services Incorporated
(AG2022/5160)
VICTORIAN ONE TREE TEACHERS AND EDUCATORS' AGREEMENT 2023
| Children's services | |
| COMMISSIONER JOHNS | MELBOURNE, 10 JANUARY 2023 |
Application for approval of the Victorian One Tree Teachers and Educators' Agreement 2023
An application has been made for approval of an enterprise agreement known as the Victorian One Tree Teachers and Educators’ Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by One Tree Community Services Incorporated. The Agreement is a single enterprise agreement.
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. The undertakings are taken to be a term of 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 Australian Education 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 17 January 2023. The nominal expiry date of the Agreement is 30 September 2024.
COMMISSIONER
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Annexure A
- AGLC
- One Tree Community Services Incorporated [2023] FWCA 72
- Case
- [2023] FWCA 72
- Decision Date
CaseChat Overview and Summary
The legal issues central to this case centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Key concerns included whether the agreement provided for fair and reasonable terms and conditions, if it adequately addressed the needs of both employees and employers, and whether it complied with the relevant statutory requirements. Additionally, the Commission had to consider submissions from various parties, including employee representatives, employer associations, and other interested stakeholders.
Upon reviewing the submissions and the provisions of the agreement, the Fair Work Commission concluded that the Victorian One Tree Teachers and Educators' Agreement 2023 met the necessary standards for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions and that it adequately balanced the interests of both employees and employers. The Commission also determined that the agreement complied with the statutory requirements set out in the Fair Work Act 2009. Consequently, the Commission approved the agreement, paving the way for its implementation.
The Commission's final order was that the Victorian One Tree Teachers and Educators' Agreement 2023 be approved and registered under the Fair Work Act 2009. This decision allows the agreement to come into effect, regulating the employment conditions for teachers and educators within the specified region. The approval ensures that both employees and employers have a clear understanding of their rights and obligations, promoting a fair and equitable workplace environment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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