DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Lady Gowrie Child Centre Inc T/A Gowrie SA
(AG2016/4202)

UNITED VOICE - LADY GOWRIE CHILD CENTRE INC - THEBARTON AND UNDERDALE CAMPUS ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER CIRKOVIC	MELBOURNE, 5 SEPTEMBER 2016

Application for approval of the United Voice - Lady Gowrie Child Centre Inc - Thebarton and Underdale Campus Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Lady Gowrie Child Centre Inc - Thebarton and Underdale Campus Enterprise 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 Lady Gowrie Child Centre Inc T/A Gowrie SA. 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 (SA Branch) 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 5 September 2016 and, in accordance with s.54, will operate from 12 September 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 Lady Gowrie Child Centre Inc, trading as Gowrie SA, filed an application for the approval of the United Voice - Lady Gowrie Child Centre Inc - Thebarton and Underdale Campus Enterprise Agreement 2015 before the Fair Work Commission. The application was brought forth to ensure the enterprise agreement's compliance with the relevant legislative provisions and to ascertain whether it met the necessary standards for approval under the Fair Work Act 2009. The legal issues that arose in this case primarily concerned the validity and fairness of the terms and conditions outlined in the enterprise agreement. The court was tasked with examining whether the agreement provided for minimum terms and conditions, addressed procedural fairness, and adhered to the statutory requirements as stipulated in the Fair Work Act.

In its reasoning, the Commission meticulously reviewed the provisions of the enterprise agreement and considered the arguments presented by the parties. It assessed whether the agreement met the statutory minimum entitlements, and whether it provided for procedural fairness in its negotiation process. The Commission also examined if the agreement contained any unfair terms, and whether the process of negotiation and agreement-making was transparent and equitable. The Commission found that the enterprise agreement did indeed comply with the statutory minimum terms and conditions, and that the negotiation process was fair and transparent. Consequently, the Commission approved the enterprise agreement under the Fair Work Act.

The final orders of the Fair Work Commission were that the United Voice - Lady Gowrie Child Centre Inc - Thebarton and Underdale Campus Enterprise Agreement 2015 be approved as a registered agreement. The agreement was to be registered by the Commission, and it would then take effect from the date of registration. This decision provided certainty for the parties involved and ensured the agreement's compliance with the necessary legal standards.

The Lady Gowrie Child Centre Inc T/A Gowrie SA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established