Betterchild Care Pty Ltd T/A Ally’s Kindy at One Mile

[2020] FWCA 953

[2020] FWCA 953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Betterchild Care Pty Ltd T/A Ally’s Kindy at One Mile
(AG2020/150)

ALLY'S KINDY AT ONE MILE CHILDCARE ENTERPRISE AGREEMENT 2019

Children's services
DEPUTY PRESIDENT LAKE	BRISBANE, 21 FEBRUARY 2020

Application for approval of the Ally's Kindy at One Mile Childcare Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement to be known as the Ally's Kindy at One Mile Childcare Enterprise Agreement 2019 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Act). It has been made by Betterchild Care Pty Ltd T/A Ally’s Kindy at One Mile (the Applicant).

[2] The Agreement is a single enterprise agreement.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. In accordance with s 190, 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. The undertakings are taken to be a term of the agreement.

[4] Pursuant to s.190(4) of the Act I sought the views of the employee bargaining representatives for the Agreement.

[5] I observe that clause 10 – Abandonment of Employment is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 12.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188, as are relevant to this application for approval, have been met.

[7] Accordingly, the Agreement is approved and, in accordance with s 54 of the Act, will operate from 28 February 2020. The nominal expiry date of the Agreement is 21 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE507184  PR716941>

ANNEXURE A.