UnitingCare Community Summary

[2016] FWCA 266

DECISION

Fair Work Act 2009
s.185—Enterprise agreement
UnitingCare Community
(AG2015/7670)
UNITINGCARE COMMUNITY CHILDCARE ENTERPRISE
AGREEMENT 2015
Children’s services
COMMISSIONER GREGORY	MELBOURNE, 15 JANUARY 2016

Application for approval of the UnitingCare Community Childcare Enterprise Agreement

2015.

[1] An application has been made for approval of an enterprise agreement known as the

UnitingCare Community Childcare 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 UnitingCare Community. 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 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

22 January 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

UnitingCare Community, a childcare provider, applied for approval of the UnitingCare Community Childcare Enterprise Agreement 2015 under section 185 of the Fair Work Act 2009. The application was made to Commissioner Gregory of the Fair Work Commission. The Agreement in question is a single enterprise agreement that covers the children’s services sector.

The legal issues before the court involved whether the application met the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, and if the Agreement could be approved as a valid enterprise agreement. Additionally, the court had to consider whether United Voice, a bargaining representative, had given notice under section 183 of the Act and if the Agreement would cover the organisation as per section 201(2) of the Act.

The court found that all relevant requirements of sections 186, 187, and 188 of the Act had been met, and the Agreement was valid. United Voice had provided notice under section 183 of the Act and, in accordance with section 201(2), the Agreement covered the organisation. The court approved the Agreement, which will operate from 22 January 2016, with a nominal expiry date of 30 June 2018.

UnitingCare Community

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established