Royal Institute for Deaf and Blind Children Summary

[2016] FWCA 644

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Royal Institute for Deaf and Blind Children

(AG2015/6986)

ROYAL INSTITUTE FOR DEAF AND BLIND CHILDREN THERAPY

AND EARLY CHILDHOOD EMPLOYEES ENTERPRISE

AGREEMENT 2015-2017

Health and welfare services

COMMISSIONER ROE

MELBOURNE, 2 FEBRUARY 2016

Application for approval of the Royal Institute for Deaf and Blind Children Therapy and

Early Childhood Employees Enterprise Agreement 2015-2017.

[1] An application has been made for approval of an enterprise agreement known as the

Royal Institute for Deaf and Blind Children Therapy and Early Childhood Employees

Enterprise Agreement 2015-2017 (the Agreement). The application was made pursuant to

s.185 of the Fair Work Act 2009 (the Act). It has been made by the Royal Institute for Deaf

and Blind Children. 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] The Independent Education Union of Australia and the Health Services Union being

bargaining representatives for the Agreement, have given notice under s.183 of the Act that

they want the Agreement to cover them. In accordance with s.201(2) I note that the

Agreement covers these organisations.
[2016] FWCA 644

[4] The Agreement was approved on 2 February 2016 and, in accordance with s.54, will

operate from 9 February 2016. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Royal Institute for Deaf and Blind Children, an employer, made an application for the approval of an enterprise agreement. The Royal Institute for Deaf and Blind Children Therapy and Early Childhood Employees Enterprise Agreement 2015-2017 was the subject of this application. The agreement was made under section 185 of the Fair Work Act 2009. The application was made by the Royal Institute for Deaf and Blind Children, the employer.

The legal issues before the court were whether the requirements of sections 186, 187, and 188 of the Act had been met, and if the agreement covered all employees of the employer. The court also had to consider whether the group of employees was fairly chosen, and if the agreement covered the bargaining representatives for the agreement.

The court found that the requirements of sections 186, 187, and 188 of the Act had been met. The agreement did not cover all employees of the employer, but the court was satisfied that the group of employees was fairly chosen. The bargaining representatives for the agreement, the Independent Education Union of Australia and the Health Services Union, had given notice that they wanted the agreement to cover them, and the court noted that the agreement did cover these organisations.

The court approved the agreement on 2 February 2016, and it will operate from 9 February 2016. The nominal expiry date of the agreement is 31 March 2017.

Royal Institute for Deaf and Blind Children

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established