Agnes Water Community Child Care Inc.

[2013] FWCA 4640

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a multi-enterprise agreement

Agnes Water Community Child Care Inc.
(AG2013/1764)

AGNES WATER CHILD CARE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 15 JULY 2013

Application for approval of the Agnes Water Child Care Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Agnes Water Child Care Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Agnes Water Community Child Care Inc.

[2] On the basis of the material before me, 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 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, will operate from 22 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Agnes Water Community Child Care Inc. was the subject of an application for the approval of the Agnes Water Child Care Enterprise Agreement 2013. The matter was heard by the Fair Work Commission. The dispute centred on whether the agreement, which was intended to regulate the terms and conditions of employment for the child care centre's staff, met the necessary requirements under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement provided for minimum entitlements and whether it contained a dispute resolution clause. The Commission had to determine if the agreement was consistent with the provisions of the Fair Work Act and if it appropriately balanced the rights and interests of both the employer and the employees.

In its decision, the Commission examined the terms of the agreement and considered the submissions from both parties. The Commission found that the agreement did meet the necessary requirements, as it provided for minimum entitlements and included a dispute resolution clause. The Commission also noted that the agreement had been negotiated in good faith and that it was fair and reasonable in all the circumstances. Consequently, the application for approval of the agreement was successful.

The Commission approved the Agnes Water Child Care Enterprise Agreement 2013, confirming its compliance with the Fair Work Act. The decision ensures that the terms and conditions of employment for the child care centre's staff are governed by an agreement that is both legally sound and fair to all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established