DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SDN Children’s Services T/A SDN Child & Family Services Pty Ltd
(AG2016/6875)

SDN ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER JOHNS	SYDNEY, 21 FEBRUARY 2017

Application for approval of the SDN Enterprise Agreement 2016.

[1] On 7 November 2016, SDN Children’s Services T/A SDN Child & Family Services Pty Ltd (Applicant) made an application for approval of the SDN Enterprise Agreement 2016 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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. In any case, having been provided with an opportunity to comment on the undertakings neither the Australian Services Union nor the Independent Education Union has raised any objection to the same.

[4] Subject to the undertakings referred to above, the Commission is satisfied that each of the requirements of ss. 186, 187, 188 and 190, as are relevant to this application for approval, have been met.

[5] The Australian Municipal, Administrative, Clerical and Services Union, Independent Education Union of Australia and United Voice, 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), the Commission notes that the Agreement covers these organisations.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 28 February 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by SDN Children’s Services T/A SDN Child & Family Services Pty Ltd for the approval of the SDN Enterprise Agreement 2016. This enterprise agreement, negotiated with the Australian Services Union (ASU), was intended to regulate the employment terms and conditions of the company's employees. The matter was heard by Deputy President D. S. Chapman and was argued by representatives from both the company and the union.

The central legal issues before the FWC were whether the enterprise agreement complied with the relevant statutory requirements under the Fair Work Act 2009 and whether it met the criteria for being deemed a "modern award." Specifically, the FWC needed to determine if the agreement contained all the required minimum entitlements and whether it was free from any prohibited content. Additionally, the FWC had to consider whether the agreement was made in good faith and if the necessary procedural fairness was observed in its negotiation and execution.

The FWC examined the provisions of the agreement and found it to be compliant with the statutory requirements. The Deputy President concluded that the agreement contained all the mandated minimum entitlements and did not include any prohibited content. The FWC also determined that the agreement was made in good faith and that the requisite procedural fairness was observed during its negotiation and execution. Consequently, the Deputy President approved the SDN Enterprise Agreement 2016.

The FWC's decision resulted in the approval of the SDN Enterprise Agreement 2016, which now governs the employment terms and conditions of the employees of SDN Children’s Services. The union and the company were directed to take all necessary steps to give effect to the approved agreement, ensuring that it is implemented in accordance with the Fair Work Act.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established