Alpine Children’s Services

[2014] FWCA 1253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine Children’s Services
(AG2014/3676)

ALPINE CHILDREN’S SERVICES (ACS) ENTERPRISE AGREEMENT 2014 - 2016

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 19 FEBRUARY 2014

Application for approval of the Alpine Children’s Services (ACS) Enterprise Agreement 2014 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Alpine Children’s Services (ACS) Enterprise Agreement 2014 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 Australian Education Union and the Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have each given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2), I note that the Agreement covers each organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 26 February 2014. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Alpine Children’s Services (ACS) sought approval for an Enterprise Agreement with their employees for the period 2014 to 2016. The application involved the determination of various terms and conditions of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The legal issues before the Commission centred on whether the proposed agreement was in compliance with the applicable provisions of the Fair Work Act 2009 and whether it provided for the fair and reasonable terms and conditions for the employees of ACS.

The Fair Work Commission examined the proposed agreement to ensure it met the criteria set out in the Fair Work Act. The Commission considered whether the agreement provided for the minimum terms and conditions as stipulated in the National Employment Standards, whether it was free from any unfair content, and whether it was made in good faith. The Commission also assessed whether the agreement provided for appropriate mechanisms for resolving disputes and whether it allowed for the flexibility required in the context of the childcare and early education sector. After a thorough analysis, the Commission found that the proposed agreement satisfied all the legal requirements and provided for fair and reasonable terms and conditions for the employees.

The Fair Work Commission approved the Alpine Children’s Services Enterprise Agreement 2014 - 2016, finding that it met all the necessary legal criteria. The Commission confirmed that the agreement provided for the minimum terms and conditions as required by law, did not contain any unfair content, and was made in good faith. The approved agreement sets out the terms and conditions of employment for the employees of ACS, including provisions for wages, leave entitlements, and dispute resolution mechanisms. The approval of the agreement ensures that the employees of ACS have a fair and reasonable set of terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established