DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SDN Child & Family Services Pty Ltd T/A SDN Children’s Services
(AG2021/6639)

SDN ENTERPRISE AGREEMENT 2021

Educational services
DEPUTY PRESIDENT DEAN	CANBERRA, 3 SEPTEMBER 2021

Application for approval of the SDN Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the SDN Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SDN Child & Family Services Pty Ltd T/A SDN Children’s Services (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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.

[4] The Independent Education Union of Australia (NSW/ACT Branch) and the United Workers’ Union, being bargaining representatives for the Agreement, have given notices 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 the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 September 2021. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, SDN Child & Family Services Pty Ltd, trading as SDN Children’s Services, applied for approval of the SDN Enterprise Agreement 2021. The application arose from the Fair Work Commission's (FWC) decision to delegate its approval authority to the Court under section 232 of the Fair Work Act 2009 (Cth). The dispute involved the terms and conditions of employment for certain employees, as outlined in the proposed agreement. The core issues centred on whether the agreement met the necessary legal criteria for approval, including compliance with the Act and the absence of any unlawful content.

The court examined several legal issues pertinent to the approval of the agreement. Firstly, it considered whether the agreement had been made in accordance with the requirements of the Act. This involved assessing if the agreement had been negotiated in good faith and whether it contained the necessary minimum terms. The court also evaluated if the agreement complied with the provisions of the Act regarding its content, including whether it included any terms that were unlawful or otherwise contrary to public policy. Another significant consideration was whether the agreement had been appropriately certified by the FWC as meeting the requirements for approval.

Upon thorough examination, the court found that the SDN Enterprise Agreement 2021 complied with the statutory requirements and did not contain any unlawful terms. The agreement was deemed to have been negotiated in good faith and included the necessary minimum terms as stipulated by the Act. The court also confirmed that the agreement did not contravene any public policy or legal provisions. Consequently, the court approved the agreement under section 232 of the Fair Work Act 2009 (Cth). This decision enabled the agreement to be registered, thereby setting the terms and conditions for the employees as outlined in the agreement.

SDN Child & Family Services Pty Ltd T/A SDN Children’s Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established