DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Seaford District Community Children’s Centre Inc
(AG2018/6817)

UNITED VOICE - SEAFORD DISTRICT COMMUNITY CHILDREN’S CENTRE INC COLLECTIVE AGREEMENT 2018

Children’s services
COMMISSIONER PLATT	ADELAIDE, 19 MARCH 2019

Application for approval of the United Voice - Seaford District Community Children’s Centre Inc Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Seaford District Community Children’s Centre Inc Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Seaford District Community Children’s Centre Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 February 2019.

[3] On 8 March 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 13 March 2019. The undertaking deals with the following topics:

• The Applicant has increased the wage rates for SW 3.1 (Trade rate) as set out in Schedule 3.1 of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] “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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

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CaseChat Overview and Summary

The Seaford District Community Children’s Centre Inc brought an application before the Fair Work Commission seeking approval of a collective agreement. The agreement in question was the United Voice – Seaford District Community Children’s Centre Inc Collective Agreement 2018. The dispute centred on whether the terms of the agreement complied with the relevant federal workplace relations legislation and if the agreement was fairly negotiated.

The primary legal issues for the Commission to determine were whether the collective agreement was in accordance with the Fair Work Act 2009, and if the bargaining process that led to the agreement was genuine. Specifically, the Commission needed to assess whether the agreement met the requirements for approval under section 231 of the Act and whether the agreement was made in good faith and not under duress.

In rendering its decision, the Commission considered the evidence presented regarding the bargaining process and the terms of the agreement. It was noted that the bargaining process was conducted in good faith, with both parties engaging in meaningful negotiations. The Commission also found that the terms of the agreement were consistent with the legislative framework and did not contravene any provisions of the Fair Work Act. The Commission concluded that the agreement was fair and reasonable, and it approved the collective agreement as it complied with the necessary statutory requirements.

The Fair Work Commission approved the United Voice – Seaford District Community Children’s Centre Inc Collective Agreement 2018, finding that it was fairly negotiated and met the legal standards for such agreements.

Seaford District Community Children’s Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established