DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UCA - Paddington Children’s Centre T/A UnitingCare Paddington Children’s Centre
(AG2017/526)

PADDINGTON CHILDREN’S CENTRE (UNITING CARE) ENTERPRISE AGREEMENT 2016-2020

Children’s services
COMMISSIONER ROE	MELBOURNE, 24 MARCH 2017

Application for approval of the Paddington Children’s Centre (Uniting Care) Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Paddington Children’s Centre (Uniting Care) Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by UCA - Paddington Children’s Centre T/A UnitingCare Paddington Children’s Centre. The Agreement is a single enterprise agreement.

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

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

[4] The Agreement was approved on 24 March 2017 and, in accordance with s.54, will operate from 31 March 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission (FWC) was for the approval of the Paddington Children’s Centre (Uniting Care) Enterprise Agreement 2016-2020. The applicant, UCA - Paddington Children’s Centre T/A UnitingCare Paddington Children’s Centre, is an employer in the not-for-profit community services sector. The respondents to the application were the union, the Australian Services Union (ASU), and a number of employees who were covered by the agreement. The dispute centred around whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, particularly whether it was in the best interests of the employees.

The central legal issues the FWC was required to determine were whether the agreement contained terms that were in the best interests of the employees, and whether it complied with the requirements of the Fair Work Act. The FWC had to consider the provisions of the agreement in light of the criteria set out in the Act, including whether the agreement provided for fair and reasonable terms of employment, and whether it complied with the statutory minimum standards. Additionally, the FWC needed to assess whether the agreement had been negotiated in good faith and whether it met the criteria for a modern award.

In its decision, the FWC found that the agreement provided for terms and conditions that were in the best interests of the employees. The FWC noted that the agreement contained provisions that went beyond the minimum standards required by the Fair Work Act, and provided for fair and reasonable terms of employment. The FWC also found that the agreement had been negotiated in good faith and met the criteria for a modern award. As a result, the FWC approved the application for the agreement, determining that it met the requirements for approval under the Act.

The FWC's decision was based on a detailed analysis of the agreement and the evidence presented by the parties. The FWC found that the agreement provided for a fair and reasonable set of terms and conditions, and that it met the statutory requirements for approval. The FWC also noted that the agreement contained provisions that went beyond the minimum standards required by the Act, and that it provided for a number of benefits for the employees. As a result, the FWC approved the application for the agreement, and it will now come into effect as a modern award.

UCA - Paddington Children’s Centre T/A UnitingCare Paddington 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