Archer Street Child Care Centre Pty Ltd Summary

[2013] FWCA 7658

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Archer Street Child Care Centre Pty Ltd
(AG2013/8767)

ARCHER STREET CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013-2015

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 2 OCTOBER 2013

Application for approval of the Archer Street Child Care Centre Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Archer Street Child Care Centre Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Archer Street Child Care Centre Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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 of the Act, will operate from 9 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Archer Street Child Care Centre Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement dated 2013-2015. The application was contested by the Australian Education, University and Professional Union (AEUP). The Fair Work Commission was required to determine whether the agreement was fair and appropriate in all respects, and whether it met the 'better off overall test'.

The court considered whether the agreement contained appropriate provisions for the classification of employees, remuneration and conditions of employment. It also assessed whether the agreement was consistent with the principles of the Fair Work Act 2009 and whether it provided for the proper administration of the agreement. The court was also required to consider whether the agreement provided for the protection of employees' rights and interests.

The Fair Work Commission found that the agreement was fair and appropriate in all respects. It determined that the agreement met the 'better off overall test', as it provided for improvements in employees' conditions of employment, including increased remuneration and better working conditions. The court was satisfied that the agreement contained appropriate provisions for the classification of employees and was consistent with the principles of the Fair Work Act 2009. The court also found that the agreement provided for the proper administration of the agreement and protected employees' rights and interests.

The Fair Work Commission approved the Archer Street Child Care Centre Enterprise Agreement 2013-2015. The agreement was approved subject to certain conditions, including the requirement that the employer provide the union with access to the workplace to monitor compliance with the agreement. The court also made orders for the agreement to be registered with the Fair Work Commission.

Archer Street Child Care Centre Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established