Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for the Marymead Child and Family Centre T/A Marymead Child and Family Centre Summary

[2013] FWCA 9967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for the Marymead Child and Family Centre T/A Marymead Child and Family Centre
(AG2013/11572)

MARYMEAD CHILD AND FAMILY CENTRE COLLECTIVE TEAMWORK AGREEMENT 2013 - 2015

Health and welfare services
COMMISSIONER DEEGAN	CANBERRA, 18 DECEMBER 2013

Application for approval of the Marymead Child and Family Centre Collective Teamwork Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Marymead Child and Family Centre Collective Teamwork Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for the Marymead Child and Family Centre T/A Marymead Child and Family Centre. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 December 2013. The nominal expiry date of the Agreement is 30 June 2015.

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Annexure A

CaseChat Overview and Summary

The matter involved the Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for the Marymead Child and Family Centre, trading as the Marymead Child and Family Centre, who sought approval for the Marymead Child and Family Centre Collective Teamwork Agreement 2013 - 2015. The application was made in the Fair Work Commission, which was required to determine whether the agreement was in the best interests of the employees and met the criteria under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement was a genuine collective agreement, and if it met the statutory requirements to be approved. The Commission had to consider whether the agreement had been made genuinely and voluntarily, whether it covered employees and employers as intended, and whether it was in the best interests of the employees. Additionally, the Commission examined if the agreement complied with the procedural fairness and other statutory requirements under the Fair Work Act.

The Commission found that the agreement was genuinely made and covered the intended employees and employers. The agreement was deemed to be in the best interests of the employees as it provided protections and benefits consistent with the broader objectives of the Fair Work Act. The Commission also concluded that the agreement met all procedural fairness requirements and adhered to the statutory provisions under the Fair Work Act. Consequently, the Commission approved the Marymead Child and Family Centre Collective Teamwork Agreement 2013 - 2015.

The Fair Work Commission approved the Marymead Child and Family Centre Collective Teamwork Agreement 2013 - 2015, finding it to be a genuine collective agreement that was made in the best interests of the employees and met all statutory requirements under the Fair Work Act 2009.

Trustees of the Roman Catholic Church for the Archdiocese of Canberra & Goulburn as Trustee for the Marymead Child and Family Centre T/A Marymead Child and Family Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established