DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Community Child Care Centre at Flinders Medical Centre Inc
(AG2016/4230)

UNITED VOICE - THE COMMUNITY CHILD CARE CENTRE AT FLINDERS MEDICAL CENTRE INC COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 11 OCTOBER 2016

Application for approval of the United Voice - The Community Child Care Centre at Flinders Medical Centre Inc Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - The Community Child Care Centre at Flinders Medical Centre Inc Collective 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 The Community Child Care Centre at Flinders Medical 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] The 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 11 October 2016 and, in accordance with s.54, will operate from 18 October 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 involved an application by the Community Child Care Centre at Flinders Medical Centre Inc to have the United Voice - The Community Child Care Centre at Flinders Medical Centre Inc Collective Agreement 2016 approved. The application was brought before the Fair Work Commission (FWC), the body responsible for regulating industrial relations in Australia.

The legal issues before the FWC were whether the terms of the collective agreement met the criteria for approval, and if the agreement was negotiated in good faith. The FWC had to determine if the agreement was fair and balanced, and if it provided for a genuine resolution of the issues between the employer and employees. The FWC also had to consider whether the agreement provided for the resolution of disputes, and if it was negotiated in good faith.

The FWC found that the agreement met the criteria for approval. The FWC considered the agreement to be fair and balanced, providing for a genuine resolution of the issues between the employer and employees. The FWC found that the agreement provided for the resolution of disputes and was negotiated in good faith. The FWC also found that the agreement provided for a range of protections for employees, including provisions for wages and conditions, leave entitlements, and dispute resolution mechanisms.

The FWC approved the United Voice - The Community Child Care Centre at Flinders Medical Centre Inc Collective Agreement 2016. The decision is significant as it provides guidance on the criteria for approval of collective agreements and the importance of good faith negotiation in the industrial relations system.

The Community Child Care Centre at Flinders Medical 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