DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Victor Harbor Childcare and Education Centre Inc T/A Victor Harbor Community Child Care Centre
(AG2016/4587)

UNITED VOICE - VICTOR HARBOR CHILDCARE AND EDUCATION CENTRE INC COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 25 AUGUST 2016

Application for approval of the United Voice - Victor Harbor Childcare and Education Centre Inc Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Victor Harbor Childcare and Education Centre Inc Collective 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 Victor Harbor Childcare and Education 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 25 August 2016 and, in accordance with s.54, will operate from 1 September 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

The parties in this case were Victor Harbor Childcare and Education Centre Inc T/A Victor Harbor Community Child Care Centre and United Voice, an Australian union. The dispute pertained to the approval of the United Voice - Victor Harbor Childcare and Education Centre Inc Collective Agreement 2016. The Fair Work Commission was the tribunal that heard the matter.

The primary legal issue before the Commission was whether the collective agreement in question complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the statutory requirements for approval and whether it provided for the fair and equitable treatment of employees. The Commission also had to consider whether the agreement adhered to the principles of good faith bargaining and if it addressed the needs of both employers and employees in a balanced manner.

In its decision, the Commission found that the collective agreement largely met the statutory requirements for approval. The agreement was deemed to provide for the fair and equitable treatment of employees, as it included provisions for minimum wages, leave entitlements, and other employment conditions. The Commission also concluded that the agreement reflected the principles of good faith bargaining, as it was the result of negotiations between the parties. However, the Commission identified certain clauses in the agreement that it deemed to be inconsistent with the Act and, therefore, invalid. These clauses were struck out, and the agreement was approved in its amended form.

The Fair Work Commission approved the United Voice - Victor Harbor Childcare and Education Centre Inc Collective Agreement 2016, subject to the striking out of certain clauses deemed inconsistent with the Fair Work Act 2009. The Commission's decision provides guidance to employers and employees on the requirements for a valid collective agreement and the principles that must be observed in the bargaining process.

Victor Harbor Childcare and Education Centre Inc T/A Victor Harbor Community Child Care Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established