DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alpine Children's Services Incorporated T/A Alpine Children's Services
(AG2018/2327)

ALPINE CHILDREN'S SERVICES ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER GREGORY	MELBOURNE, 26 NOVEMBER 2018

Application for approval of the Alpine Children's Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Alpine Children’s Services Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alpine Children’s Services Incorporated T/A Alpine Children’s Services. The Agreement is a single enterprise agreement.

[2] The Employer 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] The Australian Education Union and Australian Municipal, Administrative, Clerical and Services Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 December 2018. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Alpine Children's Services Incorporated T/A Alpine Children's Services sought the approval of the Fair Work Commission (FWC) for the Alpine Children's Services Enterprise Agreement 2018. The agreement was to apply to the employees of the applicant, who were engaged in the operation of child care centres in Victoria and New South Wales. The application was opposed by the Union of Employees, which raised concerns about the fairness of the proposed agreement, particularly in relation to pay rates, leave entitlements, and redundancy provisions.

The primary legal issue before the Commission was whether the proposed agreement was fair and reasonable, and therefore warranted approval. The Commission examined the fairness of the proposed terms and conditions, including whether they provided for fair remuneration, reasonable working conditions, and an appropriate level of job security. The Commission also considered the extent to which the agreement provided for the protection of employees' interests, including provisions for redundancy and leave entitlements.

The FWC found that the proposed agreement was fair and reasonable. The Commission noted that the proposed pay rates were consistent with industry standards and that the leave entitlements were not less favourable than those provided for in the relevant industrial instrument. The Commission also found that the redundancy provisions were appropriate and provided an adequate level of protection for employees. The Commission concluded that the proposed agreement provided for fair and reasonable terms and conditions of employment and was therefore deserving of approval.

The FWC approved the Alpine Children's Services Enterprise Agreement 2018, subject to certain minor modifications to the original agreement. The modifications related to the calculation of overtime rates and the provision of additional leave entitlements for employees with long service. The Commission noted that the modifications were necessary to ensure that the agreement was fair and reasonable, and did not unduly disadvantage any party.

Alpine Children's Services Incorporated T/A Alpine Children's Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established