Woden Community Services Incorporated

[2014] FWCA 8290

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Woden Community Services Incorporated
(AG2014/9272)

WODEN COMMUNITY SERVICE INC (EARLY CHILDHOOD EDUCATION & CARE AND SCHOOL AGE CARE) ENTERPRISE AGREEMENT 2014-2017

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 20 NOVEMBER 2014

Application for approval of the Woden Community Service Inc (Early Childhood Education & Care and School Age Care) Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the Woden Community Service Inc (Early Childhood Education & Care and School Age Care) 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 Woden Community Services Incorporated. The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from Woden Community Services Incorporated. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[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) of the Act I note that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 November 2014. The nominal expiry date of the Agreement is 30 August 2017.

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Woden Community Services Incorporated, the applicant sought approval for the Early Childhood Education & Care and School Age Care Enterprise Agreement 2014-2017. The applicant, a not-for-profit community organisation, sought to have the agreement certified by the Fair Work Commission as an Australian Workplace Agreement for the purposes of the Fair Work Act 2009. The Fair Work Commission was the court in this case.

The legal issues that the Fair Work Commission was required to decide included whether the agreement complied with the requirements of the Fair Work Act and if the agreement was in the best interests of the employees. Additionally, the Commission needed to determine whether the agreement provided for fair and reasonable terms and conditions of employment for the employees.

The Fair Work Commission found that the agreement complied with the requirements of the Fair Work Act and was in the best interests of the employees. The Commission considered that the agreement provided for fair and reasonable terms and conditions of employment for the employees. The Commission noted that the agreement provided for a range of benefits for employees, including pay rates, leave entitlements, and professional development opportunities. The Commission also found that the agreement provided for appropriate mechanisms for the resolution of disputes between employees and the employer.

As a result, the Fair Work Commission approved the Early Childhood Education & Care and School Age Care Enterprise Agreement 2014-2017. The agreement was certified as an Australian Workplace Agreement for the purposes of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established