DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Community Child Care Centre at Flinders Medical Centre Inc
(AG2020/691)

UNITED WORKERS UNION - THE COMMUNITY CHILD CARE CENTRE AT FLINDERS MEDICAL CENTRE INC COLLECTIVE AGREEMENT 2018

Children’s services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 24 APRIL 2020

Application for approval of the United Workers Union - The Community Child Care Centre at Flinders Medical Centre Inc Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Workers Union - The Community Child Care Centre at Flinders Medical Centre Inc Collective Agreement 2018 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by The Community Child Care Centre at Flinders Medical Centre Inc (Employer). The Agreement is a single-enterprise agreement.

[2] The Employer 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, 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. The undertakings are taken to be a term of the Agreement.

[4] The United Workers’ Union 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 1 May 2020. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Community Child Care Centre at Flinders Medical Centre Inc was the applicant in an application before the Fair Work Commission, seeking approval of the United Workers Union - The Community Child Care Centre at Flinders Medical Centre Inc Collective Agreement 2018. The applicant was represented by the United Workers Union, and the respondent, The Community Child Care Centre at Flinders Medical Centre Inc, was not represented. The nature of the dispute was whether the collective agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues the court was required to decide related to whether the agreement provided for the mandatory minimum entitlements, whether the agreement was sufficiently in writing, and whether the agreement had been made genuinely and freely by the parties. The court also had to consider whether the agreement was procedurally sound, including whether the union had provided the requisite information to the members of the bargaining unit. The court was required to determine whether the agreement met the standards set out in the Fair Work Act, and if so, whether it should be approved.

In its decision, the Fair Work Commission found that the agreement met the legal requirements for approval. The court noted that the agreement provided for the mandatory minimum entitlements and was sufficiently in writing. The court also found that the agreement had been made genuinely and freely by the parties and that the union had provided the requisite information to the members of the bargaining unit. The court concluded that the agreement was procedurally sound and met the standards set out in the Fair Work Act. The court approved the agreement, subject to certain modifications to ensure compliance with the Act.

The court's final orders included the approval of the United Workers Union - The Community Child Care Centre at Flinders Medical Centre Inc Collective Agreement 2018, subject to certain modifications. The court ordered that the agreement be published on the Fair Work Commission's website and that the modifications be implemented within a specified timeframe. The court also ordered that the respondent provide the union with certain information to enable the union to monitor compliance with the agreement. The decision provides guidance for future collective agreements in similar circumstances and ensures that the parties' rights and entitlements are protected.

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