DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Morris Community Child Care Centre
(AG2016/7296)

UNITED VOICE - ST MORRIS COMMUNITY CHILD CARE CENTRE ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 15 DECEMBER 2016

Application for approval of the United Voice - St Morris Community Child Care Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - St Morris Community Child Care Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Morris Community Child Care Centre. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 December 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, St Morris Community Child Care Centre sought approval of a proposed enterprise agreement with the United Voice union. The applicant, a not-for-profit childcare provider, aimed to finalise its workplace arrangements for the period of 1 July 2016 to 30 June 2020. The union, representing the employees, had also applied for the agreement to be approved.

The central legal issue before the Commission was whether the proposed agreement complied with the relevant legislative requirements and provisions. Specifically, the Commission needed to determine if the agreement met the standards for good faith bargaining, whether it contained any terms that were contrary to public policy, and if it adequately provided for the protection of employees' rights and interests.

After considering the submissions from both parties and reviewing the content of the proposed agreement, the Commission found that the agreement was largely in compliance with the Fair Work Act 2009. The Commission noted that the agreement demonstrated a good faith effort by both parties in negotiating the terms. No terms were found to be contrary to public policy, and the agreement provided adequate protection for employees' rights and interests. Therefore, the Commission approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the United Voice - St Morris Community Child Care Centre Enterprise Agreement 2016 to be registered. The agreement will now serve as the governing workplace arrangement between the parties for the specified period.

St Morris Community Child Care Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established