Aldinga Community Childcare Centre T/A Aldinga Community Childcare Centre

[2022] FWCA 1853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Aldinga Community Childcare Centre T/A Aldinga Community Childcare Centre

(AG2022/1390)

Aldinga Community Childcare Centre Enterprise Agreement 2021

Children’s services
COMMISSIONER SIMPSON	BRISBANE, 8 JUNE 2022

Application for approval of the Aldinga Community Childcare Centre Enterprise Agreement 2021

An application has been made for approval of an enterprise agreement known as the Aldinga Community Childcare Centre Enterprise Agreement 2021 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Aldinga Community Childcare Centre T/A Aldinga Community Childcare Centre (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Aldinga Community Childcare Centre T/A Aldinga Community Childcare Centre brought an application before the Fair Work Commission for the approval of the Aldinga Community Childcare Centre Enterprise Agreement 2021. The dispute concerned whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Commission was required to determine if the agreement provided for the resolution of the bargaining issues in good faith and whether it complied with the procedural fairness provisions.

The court had to decide if the agreement was made in good faith and if the bargaining process adhered to the procedural fairness requirements. It also needed to assess whether the agreement was fair and reasonable, considering the interests of both the employees and the employer. The court examined the bargaining process, the negotiation of the agreement, and its contents to ensure that it was not contrary to public policy.

After reviewing the evidence and submissions, the Commission found that the agreement was made in good faith and that the bargaining process was procedurally fair. The agreement was deemed to be fair and reasonable, meeting all the statutory requirements for approval. The Commission approved the Aldinga Community Childcare Centre Enterprise Agreement 2021, recognising it as a valid and binding agreement between the employer and the employees. The approval signifies that the agreement will now be in effect, governing the terms and conditions of employment for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established