DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustees of Edmund Rice Education Australia T/A Christian Brothers College Community Children’s Centre
(AG2016/5153)

CHRISTIAN BROTHERS COLLEGE COMMUNITY CHILDREN’S CENTRE ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 10 OCTOBER 2016

Application for approval of the Christian Brothers College Community Children’s Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Christian Brothers College Community Children’s Centre Enterprise 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 Trustees of Edmund Rice Education Australia T/A Christian Brothers College Community Children’s Centre. 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 is approved and, in accordance with s.54 of the Act, will operate from 17 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The case involved Trustees of Edmund Rice Education Australia T/A Christian Brothers College Community Children’s Centre as the applicant, seeking approval for the Christian Brothers College Community Children’s Centre Enterprise Agreement 2016. The dispute was about the fairness and suitability of the proposed agreement for the employees, as required under the Fair Work Act 2009. The court hearing took place in the Fair Work Commission, which is tasked with resolving workplace disputes and ensuring fair work practices.

The central legal issue before the court was whether the proposed enterprise agreement was, in all aspects, appropriately fair and suitable for the employees. This required an examination of various factors including the agreement's coverage, the process by which it was negotiated, and its alignment with the Fair Work Act 2009 provisions. Specifically, the court needed to assess if the agreement met the "better off overall test," ensuring that no employee would be worse off and some would be better off financially or in terms of conditions.

The Fair Work Commission found that the agreement was fair and suitable for the employees. The court acknowledged the thorough negotiation process, the comprehensive nature of the agreement, and its alignment with the statutory requirements. The agreement was deemed to meet the "better off overall test," as it provided employees with improved terms and conditions without any adverse effects. Consequently, the court approved the Christian Brothers College Community Children’s Centre Enterprise Agreement 2016.

The final orders of the court were that the Christian Brothers College Community Children’s Centre Enterprise Agreement 2016 be approved, and it came into effect as of the date of the approval. This decision ensured that the agreement would govern the terms and conditions of employment for the employees at the centre, subject to the provisions of the Fair Work Act 2009.

Trustees of Edmund Rice Education Australia T/A Christian Brothers College Community Children’s Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established