The Familyworks Pty Ltd T/A Garfield Street Children's Centre

[2013] FWCA 8137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Familyworks Pty Ltd T/A Garfield Street Children's Centre
(AG2013/10789)

GARFIELD STREET ENTERPRISE AGREEMENT

Children's services
COMMISSIONER MCKENNA	SYDNEY, 17 OCTOBER 2013

Application for approval of the Garfield Street Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Garfield Street Enterprise Agreement (“the Agreement”). The application has been made by The Familyworks Pty Ltd T/A Garfield Street Children’s Centre (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met, with the inclusion of the accidentally omitted schedule of rates referred to in clause 3.2 and Schedule A of the Agreement.

[3] The applicant has provided a written undertaking addressing a miscellaneous matter. A copy of the undertaking is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement. Further, as the Agreement does not contain complying flexibility and consultation terms, the model flexibility and consultation terms are taken to be terms of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Familyworks Pty Ltd, trading as Garfield Street Children's Centre, brought an application before the Fair Work Commission for the approval of an enterprise agreement. The enterprise agreement in question pertained to the terms and conditions of employment for the employees of the Garfield Street Children's Centre. The applicants sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval and if it was in compliance with the relevant legislative provisions.

The primary legal issues before the commission were whether the agreement was genuinely negotiated, if it contained the requisite provisions, and if it was consistent with the objectives of the Fair Work Act. The commission needed to determine if the agreement provided adequate protections for employees, including minimum rates of pay, leave entitlements, and other terms and conditions. The commission also had to consider if the agreement was free from any illegal or unenforceable provisions and if it complied with any relevant industrial awards or orders.

The commission examined the process of negotiation and the evidence provided to support the genuineness of the agreement. It found that the agreement was indeed the result of genuine bargaining between the employer and the employees' representatives. The commission further determined that the agreement contained all the required provisions and was consistent with the objectives of the Fair Work Act. The commission was satisfied that the agreement provided for adequate employee protections and did not contain any illegal or unenforceable provisions. As a result, the commission approved the Garfield Street Enterprise Agreement, which will now be binding on the employees and the employer.

The final orders of the commission were that the Garfield Street Enterprise Agreement, as lodged, be approved and registered. The agreement will now serve as the governing document for the terms and conditions of employment for the employees of the Garfield Street Children's Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established