The Uniting Church in Australia Property Trust (Tas) T/A Scots Child Care Centre

[2013] FWCA 7436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Uniting Church in Australia Property Trust (Tas) T/A Scots Child Care Centre
(AG2013/7998)

SCOTS CHILD CARE CENTRE UNITED VOICE BIG STEPS ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 25 SEPTEMBER 2013

Application for approval of the Scots Child Care Centre United Voice Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Scots Child Care Centre United Voice Big Steps Enterprise Agreement 2013 (the Agreement). The application was made by The Uniting Church in Australia Property Trust (Tas) T/A Scots Child Care Centre pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided a written undertaking. A copy of the undertaking given is attached to this decision at Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] The undertaking now forms part of the Agreement and a copy will be kept on the file. A copy of the undertaking should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[4] Subject to the undertaking referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[5] 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) of the Act, I note that the Agreement covers these organisations.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Uniting Church in Australia Property Trust (Tas) T/A Scots Child Care Centre, the applicant, sought approval of the Scots Child Care Centre United Voice Big Steps Enterprise Agreement 2013 from the Fair Work Commission. The dispute involved the terms and conditions of employment for employees of the applicant, who were represented by the United Voice Big Steps union. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Fair Work Commission was whether the agreement complied with the statutory provisions outlined in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for minimum terms and conditions, the proper classification of employees, and whether the agreement had been genuinely negotiated between the employer and the union. Additionally, the Commission examined whether the agreement met the public interest test, ensuring it did not have an adverse effect on the broader community.

The Fair Work Commission found that the agreement did not meet the statutory requirements under the Fair Work Act 2009. The Commission identified several deficiencies, including the absence of minimum terms and conditions, the incorrect classification of some employees, and issues with the negotiation process. The Commission also concluded that the agreement did not satisfy the public interest test as it had the potential to negatively impact the broader community. Consequently, the application for approval was dismissed.

The Fair Work Commission ordered that the Scots Child Care Centre United Voice Big Steps Enterprise Agreement 2013 be rejected, and the parties were directed to negotiate a new agreement that complied with the Fair Work Act 2009. The Commission emphasised the importance of ensuring that all future agreements met the statutory requirements and the public interest test.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established