Blue Gum Early Learning & Child Care Centre Incorporated

The applicant, Blue Gum Early Learning & Child Care Centre Incorporated, sought approval of the Blue Gum Early Learning & Child Care Centre Enterprise Agreement 2013 - 2017. The application was heard by the Fair Work Commission (FWC), specifically by Commissioner K. J. Johnston, who was required to determine whether the agreement was suitable for approval. The dispute arose because the applicant's application for approval of the agreement had been made under section 232 of the Fair Work Act 2009, which allows the FWC to approve an agreement if it is satisfied the agreement is appropriate for the purpose of avoiding a system of arbitration that would be provided by a safety net award.

The central issue before the FWC was whether the agreement contained all the terms required by section 230 of the Act and whether it complied with the good faith bargaining requirement under section 228. The applicant argued that the agreement was appropriately drafted and contained all the necessary terms and conditions. The FWC examined whether the agreement included provisions for minimum rates of pay, overtime rates, penalty rates, shift allowances, and other relevant employment conditions. The FWC also assessed whether the agreement met the good faith bargaining requirements, including whether there had been genuine attempts to negotiate and whether the agreement reflected the outcomes of those negotiations.

Commissioner Johnston concluded that the agreement contained all the necessary terms and conditions required by section 230 of the Act. The agreement included provisions for minimum rates of pay, overtime rates, penalty rates, shift allowances, and other relevant employment conditions. The Commissioner found that the agreement reflected the outcomes of genuine attempts at bargaining and met the good faith bargaining requirements. The Commissioner was satisfied that the agreement was appropriate for the purpose of avoiding a system of arbitration that would be provided by a safety net award. Consequently, the FWC approved the Blue Gum Early Learning & Child Care Centre Enterprise Agreement 2013 - 2017.