Brianna Justine Domeracki
[2024] FWCA 1582
•30 APRIL 2024
| [2024] FWCA 1582 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Brianna Justine Domeracki
(AG2024/1094)
APPLICATION FOR APPROVAL OF THE SOUTH LAKE CHILD CARE CENTRE ENTERPRISE AGREEMENT 2023
| Children’s services | |
| DEPUTY PRESIDENT GRAYSON | SYDNEY, 30 APRIL 2024 |
Application for approval of the South Lake Child Care Centre Enterprise Agreement 2023
South Lake Child Care Centre Incorporated (the Employer) has made an application for approval of an enterprise agreement known as the South Lake Child Care Centre Enterprise Agreement 2023 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. I note that a pre-reform version of the Notice of Employee Representational Rights (NERR) was provided to employees on 13 July 2023, and that following the Amending Act’s commencement, the correct NERR to be provided is the post-6 June 2023 version. As such, the NERR is not in the prescribed form required by s. 174(1A) of the Act. However, I am satisfied, having considered the circumstances and the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited /TA RMAX Rigid Cellular Plastics & Others,[1] that this is a minor procedural or technical error for the purposes of s.188(5)(a) of the Act and that it has not disadvantaged employees. Accordingly, I consider that it can be disregarded pursuant to s.188(5)(a) of the Act.
The employer provided written undertakings. A copy of the undertakings is attached in Annexure 1. 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.
Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 May 2024. The nominal expiry date of the Agreement is 31 December 2025.
DEPUTY PRESIDENT
ANNEXURE 1
[1] [2019] FWCFB 318.
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