Attwood Child Care Centre and Kindergarten Incorporated Association

[2022] FWCA 2535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Attwood Child Care Centre and Kindergarten Incorporated Association

(AG2022/2987)

Attwood Child Care Centre & Kindergarten Association Inc. Agreement 2022

Children’s services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 JULY 2022

Application for approval of the Attwood Child Care Centre & Kindergarten Association Inc. Agreement 2022

An application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Attwood Child Care Centre and Kindergarten Incorporated Association for approval of a single enterprise agreement known as the Attwood Child Care Centre & Kindergarten Association Inc. Agreement 2022 (the Agreement).

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 August 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Attwood Child Care Centre and Kindergarten Incorporated Association sought approval for the Attwood Child Care Centre & Kindergarten Association Inc. Agreement 2022 from the Fair Work Commission. The application involved the terms and conditions of employment for the centre's employees. The association argued that the proposed agreement was necessary to improve the operational efficiency of the centre and better meet the needs of the community it served. The legal issues before the Commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for approval under the Act.

The Commission carefully considered the application, examining the proposed agreement against the statutory requirements and the principles of good faith bargaining. The association provided evidence that the changes proposed in the agreement were necessary for the sustainability and effective operation of the child care centre. The Commission acknowledged the unique circumstances of the child care sector and the importance of allowing flexibility in the management of such services. It also took into account the views of the employees and the association's efforts to engage in good faith bargaining. After thorough deliberation, the Commission found that the agreement complied with the relevant provisions of the Act and met the criteria for approval. The proposed changes were considered to be in the best interest of the employees and the community served by the centre.

The Fair Work Commission approved the Attwood Child Care Centre & Kindergarten Association Inc. Agreement 2022, effective from the date of the decision. The approval was based on the association's demonstration that the agreement was fair and reasonable, and that it complied with the statutory requirements for approval. The decision underscored the importance of allowing flexibility in the child care sector while ensuring that the rights and interests of employees were protected. The Commission's decision provides a clear framework for similar applications in the future, balancing the needs of the community with the rights of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established