DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Baringa Child Care Centre Incorporated T/A Baringa Child Care Centre
(AG2015/6563)

BARINGA CHILDCARE CENTER AND UNITED VOICE COLLECTIVE AGREEMENT 2015-2018

Australian Capital Territory
COMMISSIONER LEE	MELBOURNE, 11 NOVEMBER 2015

Application for approval of the Baringa Childcare Centre and United Voice Collective Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Baringa Childcare Center and United Voice Collective Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Baringa Child Care Centre Incorporated T/A Baringa Childcare Centre. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 November 2015. The nominal expiry date of the Agreement is 17 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

Baringa Child Care Centre Incorporated, trading as Baringa Child Care Centre, sought approval for the Baringa Childcare Centre and United Voice Collective Agreement 2015-2018. The application was heard by the Fair Work Commission. The dispute centred on the terms and conditions outlined in the proposed agreement, which aimed to govern the employment of staff at the childcare centre.

The legal issues before the Commission involved assessing whether the proposed agreement met the requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions for employees and whether it complied with the process for approving such agreements. The Commission had to determine if the agreement was consistent with the principles of industrial fairness and whether it adequately addressed the needs of both the employer and employees.

The Commission examined the evidence and submissions from both parties, focusing on the provisions of the agreement and their implications for employees' working conditions. It concluded that the agreement provided fair and reasonable terms, taking into account the specific needs of the childcare sector and the balance between the rights of employers and employees. The Commission found that the agreement met the legislative requirements and approved the application.

The Fair Work Commission approved the Baringa Childcare Centre and United Voice Collective Agreement 2015-2018, confirming its compliance with the Fair Work Act. The decision validated the terms and conditions set out in the agreement, ensuring they were fair and reasonable for the employees of the childcare centre.

Baringa Child Care Centre Incorporated T/A Baringa Child Care Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established