DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Warradale Community Children’s Centre Inc
(AG2016/5546)

UNITED VOICE - WARRADALE COMMUNITY CHILDREN’S CENTRE COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER CIRKOVIC	MELBOURNE, 24 OCTOBER 2016

Application for approval of the United Voice - Warradale Community Children’s Centre Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Warradale Community Children’s Centre 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 Warradale Community Children’s Centre Inc. 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] 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.

[5] The Agreement was approved on 24 October 2016 and, in accordance with s.54, will operate from 31 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Warradale Community Children’s Centre Inc, sought approval of the United Voice - Warradale Community Children’s Centre Collective Agreement 2016, from the Fair Work Commission. The application was heard by the Commission and was made by the applicant under section 246 of the Fair Work Act 2009. The application was made on the basis that the agreement was appropriate for the approval as it provided for terms and conditions of employment that were no less favourable than the relevant national workplace determination. The applicant argued that the agreement provided for improved conditions for its employees, including provisions for superannuation contributions, leave entitlements and minimum wage rates.

The Commission was required to determine whether the agreement was appropriate for approval under section 246 of the Fair Work Act. The Commission considered the provisions of the agreement and whether they were no less favourable than the relevant national workplace determination. The Commission also considered whether the agreement provided for terms and conditions of employment that were in accordance with the objects of the Fair Work Act, including the protection of employees' rights and the promotion of harmonious, productive and cooperative workplace relations. The Commission also considered whether the agreement had been negotiated in good faith and whether the employees had been adequately informed of the terms of the agreement.

The Commission found that the agreement was appropriate for approval as it provided for terms and conditions of employment that were no less favourable than the relevant national workplace determination. The Commission also found that the agreement provided for improved conditions for employees, including provisions for superannuation contributions, leave entitlements and minimum wage rates. The Commission was satisfied that the agreement had been negotiated in good faith and that the employees had been adequately informed of the terms of the agreement. The Commission considered that the agreement was in accordance with the objects of the Fair Work Act and would promote harmonious, productive and cooperative workplace relations.

The Commission approved the United Voice - Warradale Community Children’s Centre Collective Agreement 2016, as it provided for terms and conditions of employment that were no less favourable than the relevant national workplace determination, and was in accordance with the objects of the Fair Work Act. The approval of the agreement will provide for improved conditions for employees, including provisions for superannuation contributions, leave entitlements and minimum wage rates. The Commission's decision provides clarity and certainty for both the applicant and its employees regarding the terms and conditions of their employment.

Warradale Community Children’s Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established