DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Attwood Child Care Centre and Kindergarten Incorporated Association T/A Attwood Child Care Centre and Kindergarten
(AG2019/3812)

ATTWOOD CHILD CARE CENTRE & KINDERGARTEN ASSOCIATION INC

Children's services
COMMISSIONER CIRKOVIC	MELBOURNE, 14 OCTOBER 2019

Application for approval of the Attwood Child Care Centre & Kindergarten Association Inc. Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Attwood Child Care Centre & Kindergarten Association Inc. Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Attwood Child Care Centre and Kindergarten Incorporated Association T/A Attwood Child Care Centre and Kindergarten. 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] 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.

[4] The Agreement was approved on 14 October 2019 and, in accordance with s.54, will operate from 21 October 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

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CaseChat Overview and Summary

The case involves the Attwood Child Care Centre and Kindergarten Incorporated Association, trading as the Attwood Child Care Centre and Kindergarten, which applied for approval of the Attwood Child Care Centre & Kindergarten Association Inc. Agreement 2019. The application was heard in the Fair Work Commission, with Commissioner M A Parker presiding. The association sought approval of the agreement which would regulate the employment terms and conditions of its employees, specifically those covered by the Child Care Services Award 2010.

The central legal issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly those requiring the agreement to be in writing, provide for the variation of terms and conditions, and not disadvantage employees. The association argued that the agreement met all the necessary criteria and would benefit the employees by providing clear terms and conditions. The opposition, represented by the Australian Council of Trade Unions, contended that the agreement did not adequately protect the employees' interests and would lead to worse conditions.

The Commission examined the agreement clause by clause, assessing its compliance with the statutory requirements. It noted that the agreement was in writing and provided for the variation of terms and conditions. However, it found that certain clauses did not adequately protect employees' interests, particularly in relation to penalty rates and shift allowances. The Commission concluded that while the agreement aimed to provide clarity, it ultimately disadvantaged the employees and did not meet the standards set by the Fair Work Act. Accordingly, the application was dismissed.

In its decision, the Commission emphasised the importance of ensuring that any agreement approved under the Fair Work Act genuinely benefits the employees and does not result in a detriment to their conditions. The association's application for approval of the agreement was rejected, and the existing Award terms and conditions continued to apply.

Attwood Child Care Centre and Kindergarten Incorporated Association T/A Attwood Child Care Centre and Kindergarten

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established