Blackwood Community Child Care Centre Inc

[2020] FWCA 293

[2020] FWCA 293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Blackwood Community Child Care Centre Inc
(AG2019/4949)

UNITED VOICE - BLACKWOOD COMMUNITY CHILD CARE COLLECTIVE AGREEMENT 2019

Children’s services
COMMISSIONER PLATT	ADELAIDE, 21 JANUARY 2020

Application for approval of the United Voice - Blackwood Community Child Care Collective Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Blackwood Community Child Care Collective Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Blackwood Community Child Care Centre Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 10 January 2020.

[3] On 16 January 2020, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 16 January 2020. The undertaking deals with the following topics:

•  Clause 7.4.4.1.1 of the Agreement (Payment for Personal/Carer’s Leave) will not operate inconsistent with the National Employment Standards.

•  A classification SW 3.1 will be paid $893.62 per week ($23.52 per hours) from 1 July 2018 with a 4.5% increase from 1 July 2019, 1 July 2020 and 1 July 2021.

[5] A copy of the undertaking has been provided to the bargaining representative and I have sought their views in accordance with s.190(4) of the Act. The bargaining representative did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The United Workers’ Union, 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

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