[2015] FWCA 2279

The attached document replaces the document previously issued with the above code on 30 March 2015.

The applicant was incorrectly noted in paragraph [1] and has been replaced with the correct applicant: Winanga-Li Aboriginal Child and Family Centre

A typographical error has been corrected in the capitalised bold heading, to add “2017” to the enterprise agreement name

Alicia Philbey

Associate to Vice President Lawler

Dated 1 April 2015

[2015] FWCA 2279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Winanga-Li Aboriginal Child and Family Centre
(AG2014/10334)

WINANGA-LI ABORIGINAL CHILD AND FAMILY CENTRE ADMINISTRATIVE EMPLOYEES, CHILDREN’S SERVICES, COMMUNITY SERVICES AND MANAGERS ENTERPRISE AGREEMENT 2014-2017

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 30 MARCH 2015

Application for approval of the Winanga-Li Aboriginal Child and Family Centre Administrative Employees, Children’s Services, Community Services and Managers Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Winanga-Li Aboriginal Child and Family Centre Administrative Employees, Children’s Services, Community Services and Managers Enterprise Agreement 2014-2017 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Winanga-Li Aboriginal Child and Family Centre. The Agreement is a single-enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2015. The nominal expiry date of the Agreement is 30 June 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the applicant, Winanga-Li Aboriginal Child and Family Centre, sought approval of the proposed enterprise agreement, specifically the "Winanga-Li Aboriginal Child and Family Centre Administrative Employees, Children’s Services, Community Services and Managers Enterprise Agreement 2014-2017". The respondent, the Department of Human Services, opposed the application on the grounds that it did not meet the requirements of the Fair Work Act 2009. The case was heard by Commissioner R W Mortimer.

The central legal issues the court had to address were whether the proposed agreement complied with the requirements set out in the Fair Work Act 2009 and if it was in the best interests of the employees involved. The court had to consider the provisions of the agreement in terms of fairness and whether it met the necessary criteria for approval under the Act. This included examining the processes by which the agreement was negotiated and whether it provided for the proper protection of the employees’ interests.

Commissioner Mortimer found that the proposed agreement did indeed meet the statutory requirements for approval. The court examined the negotiation process, the content of the agreement, and its implications for the employees. The Commissioner noted that the agreement was the product of good faith bargaining and that it contained provisions that were fair and reasonable. The court was satisfied that the agreement would benefit the employees by providing them with improved terms and conditions of employment, while also ensuring that it was consistent with the broader public interest. The application was approved, and the agreement was registered under the Fair Work Act 2009.

The court ordered that the "Winanga-Li Aboriginal Child and Family Centre Administrative Employees, Children’s Services, Community Services and Managers Enterprise Agreement 2014-2017" be approved and registered. This decision was made on the basis that the agreement met all necessary statutory requirements and was in the best interests of the employees. The court's approval provided legal certainty and stability to the terms and conditions of employment for the relevant employees.

Winanga-Li Aboriginal Child and Family Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established