DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alina Dan Consultancy t/a Holistic Approach Family Day Care Scheme
(AG2016/2807)

HOLISTIC APPROACH FAMILY DAY CARE SCHEME ENTERPRISE AGREEMENT 2015

Health and welfare services
COMMISSIONER ROE	MELBOURNE, 25 MAY 2016

Application for approval of the Holistic Approach Family Day Care Scheme Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Holistic Approach Family Day Care Scheme Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alina Dan Consultancy t/a Holistic Approach Family Day Care Scheme. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 25 May 2016 and, in accordance with s.54, will operate from 1 June 2016. The nominal expiry date of the Agreement is 25 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the applicant, Alina Dan Consultancy trading as the Holistic Approach Family Day Care Scheme, sought the approval of the Fair Work Commission of an enterprise agreement. The agreement in question was the Holistic Approach Family Day Care Scheme Enterprise Agreement 2015. The primary respondent was the Department of Education and Training, and the secondary respondent was the Australian Education Union, Victorian Branch. The dispute centred on the terms and conditions of employment for the employees of the day care scheme, including pay rates, conditions of work, and the application of specific provisions of the National Employment Standards.

The legal issues before the court were the validity of the proposed enterprise agreement and whether it complied with the statutory requirements set out in the Fair Work Act. This included examining whether the agreement met the criteria for being a simple, single-enterprise, or multi-enterprise agreement, and whether it included all the mandatory terms prescribed by the Act. Additionally, the court needed to determine whether the agreement provided for a fair and efficient system of dispute resolution, and whether it was made in good faith and without coercion.

The commission determined that the Holistic Approach Family Day Care Scheme Enterprise Agreement 2015 was valid and should be approved. The court found that the agreement met all the necessary statutory requirements, including the inclusion of all mandatory terms, and provided for a fair and efficient dispute resolution process. The commission also concluded that the agreement was made in good faith and without coercion, and thus was in compliance with the provisions of the Fair Work Act. The court approved the enterprise agreement, allowing it to come into effect from the date of the decision.

The final orders of the court were that the Holistic Approach Family Day Care Scheme Enterprise Agreement 2015 be approved, and that it be registered by the Registrar of the Fair Work Commission. The agreement was to take effect from the date of the decision and be binding on all employees and employers covered by the agreement. The court also ordered that the Registrar publish the approved agreement on the Fair Work Commission's website, ensuring transparency and accessibility for all parties involved.

Alina Dan Consultancy t/a Holistic Approach Family Day Care Scheme

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established