DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Prospect Community Early Education and Care Incorporated T/A Prospect Community Early Education and Care Incorporated
(AG2016/1089)

UNITED VOICE - PROSPECT COMMUNITY EARLY EDUCATION AND CARE INCORPORATED COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 23 AUGUST 2016

Application for approval of the United Voice - Prospect Community Early Education and Care Incorporated Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Prospect Community Early Education and Care Incorporated Collective Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Prospect Community Early Education and Care 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 23 August 2016 and, in accordance with s.54, will operate from 30 August 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the United Voice - Prospect Community Early Education and Care Incorporated Collective Agreement 2016. The applicant, United Voice, sought approval of the agreement, which was made between Prospect Community Early Education and Care Incorporated and its employees. The dispute centred around the procedural fairness of the agreement and whether it complied with relevant legislative provisions.

The primary legal issues the court had to address were whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Act 2009, and whether the agreement met the criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, whether it contained the necessary minimum terms and conditions, and if it complied with the procedural fairness requirements.

The court examined the evidence provided by both parties, including the process of bargaining and the content of the agreement. The court found that the agreement was made in good faith and contained the necessary minimum terms and conditions. However, the court identified procedural shortcomings in the bargaining process. Despite these shortcomings, the court concluded that the procedural fairness requirements were not so deficient as to invalidate the agreement. The court emphasised the importance of procedural fairness in the collective bargaining process but found that the overall agreement met the criteria for approval.

The Fair Work Commission approved the United Voice - Prospect Community Early Education and Care Incorporated Collective Agreement 2016, despite the procedural irregularities. The court's decision highlights the importance of procedural fairness in collective bargaining but also acknowledges the need to balance this with the practical realities of the bargaining process.

Prospect Community Early Education and Care Incorporated T/A Prospect Community Early Education and Care Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established