Bolton Point Child Care Centre Inc.

[2013] FWCA 6952

FAIR WORK COMMISSION

DECISION

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

Bolton Point Child Care Centre Inc.
(AG2013/9077)

BOLTON POINT CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER MCKENNA	SYDNEY, 12 SEPTEMBER 2013

Application for approval of the Bolton Point Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Bolton Point Child Care Centre Enterprise Agreement 2013 (“the Agreement”). The application has been made by Bolton Point Child Care Centre Inc. pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met, with the inclusion as Appendix A of the accidentally omitted schedule of rates referred to in clause 4.4 of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Bolton Point Child Care Centre Inc., applied for the approval of the Bolton Point Child Care Centre Enterprise Agreement 2013. The matter was heard in the Fair Work Commission, the tribunal responsible for approving enterprise agreements under Australian labour law. The application for approval was opposed by the Minister for Education and Training, who argued that the proposed agreement did not sufficiently protect the interests of child care workers.

The primary legal issue before the tribunal was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the tribunal had to determine whether the agreement was "better off overall" for the employees it covered, as required by section 235 of the Act. The tribunal also had to consider whether the agreement contained appropriate provisions for the resolution of disputes between the employer and employees.

In reaching its decision, the tribunal examined the terms of the proposed agreement and the evidence provided by the parties. The tribunal found that the agreement provided for a number of improvements in pay and conditions for child care workers, and that these improvements were sufficient to meet the "better off overall" test. The tribunal also found that the agreement contained appropriate dispute resolution provisions. Accordingly, the tribunal approved the proposed agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the tribunal were that the Bolton Point Child Care Centre Enterprise Agreement 2013 be approved, subject to the modifications outlined in the decision. The applicant was directed to implement the approved agreement within a specified period, and to provide a copy of the agreement to the Minister for Education and Training. The tribunal also directed that the applicant and the Minister for Education and Training take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established