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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CaseChat Overview and Summary

The applicants, Blackwood Community Child Care Centre Inc, sought approval of the United Voice - Blackwood Community Child Care Collective Agreement 2019 from the Fair Work Commission. The agreement was made between the applicants, who are employers of early childhood educators, and United Voice, which represents the employees. The primary issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement complied with the provisions concerning minimum entitlements, procedural fairness, and the avoidance of industrial action.

In assessing the application, the Commission examined the proposed agreement's provisions to ensure they met the statutory requirements. The Commission considered the impact of the agreement on employees' minimum entitlements, ensuring they were not adversely affected. The Commission also evaluated the procedural fairness of the agreement, scrutinising the process through which it was negotiated and whether it provided adequate protections for employees. Additionally, the Commission assessed the provisions designed to avoid industrial action, ensuring they were consistent with the objectives of the Act.

The Commission found that the agreement adequately protected minimum entitlements, provided for procedural fairness, and included provisions that would avoid industrial action. The Commission was satisfied that the agreement met the statutory requirements and approved it. The decision was grounded in a thorough examination of the agreement's provisions and their alignment with the legislative framework. The approval was granted on the basis that the agreement met all necessary criteria for compliance with the Fair Work Act 2009.

The Commission approved the United Voice - Blackwood Community Child Care Collective Agreement 2019, confirming its compliance with the Fair Work Act 2009. The decision underscored the importance of safeguarding employees' minimum entitlements, ensuring procedural fairness, and avoiding industrial action. The approval of the agreement facilitates a stable working environment for both employers and employees, aligning with the objectives of the Fair Work Act 2009.

Blackwood Community Child Care Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established