DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Francis Community Children’s Centre Inc
(AG2016/133)

UNITED VOICE – ST FRANCIS COMMUNITY CHILD CARE CENTRE INC COLLECTIVE AGREEMENT 2015

Children’s services
COMMISSIONER ROE	MELBOURNE, 24 FEBRUARY 2016

Application for approval of the United Voice - St Francis Community Child Care Centre Inc Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - St Francis Community Child Care Centre Inc Collective Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Francis Community Children’s Centre Inc. 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.

[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 24 February 2016 and, in accordance with s.54, will operate from 2 March 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 involves St Francis Community Children’s Centre Inc, an employer, and United Voice, the union representing the employees. The dispute is centred on the application for approval of the United Voice - St Francis Community Child Care Centre Inc Collective Agreement 2015. This application was brought before the Fair Work Commission (FWC), which has jurisdiction over industrial disputes and the approval of collective agreements in Australia.

The primary legal issues before the Commission were whether the collective agreement complied with the Fair Work Act 2009 and whether it met the statutory requirements for approval. Specifically, the Commission needed to determine if the agreement provided for the lawful terms and conditions of employment, included provisions for the resolution of workplace disputes, and adhered to the general protections and entitlements provided by the Act. Additionally, the Commission had to consider if the agreement was made in good faith and without coercion.

In delivering its decision, the Commission carefully examined the contents of the collective agreement against the statutory criteria. The Commission found that the agreement was comprehensive and included provisions for various employment terms, dispute resolution mechanisms, and employee protections. Importantly, the Commission concluded that the agreement was made in good faith and without any elements of coercion, as it was the result of negotiations between the parties that reflected a genuine attempt to reach a mutually acceptable arrangement. Given these findings, the Commission approved the collective agreement, recognising its compliance with the legislative requirements and its suitability for adoption.

As a result of the Commission's decision, the United Voice - St Francis Community Child Care Centre Inc Collective Agreement 2015 was approved and is now legally binding on the parties. This decision ensures that the terms and conditions of employment, as well as the dispute resolution processes, are governed by this agreement, providing a framework for the relationship between the employer and the employees.

St Francis 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