Brisbane City Child Care Pty Ltd T/A Brisbane City Child Care

[2024] FWCA 4314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Brisbane City Child Care Pty Ltd T/A Brisbane City Child Care

(AG2024/4408)

BRISBANE CITY CHILD CARE ENTERPRISE AGREEMENT 2024

Children’s services
DEPUTY PRESIDENT DOBSON	BRISBANE, 4 DECEMBER 2024

Application for approval of the Brisbane City Child Care Enterprise Agreement 2024

This decision deals with an application made for approval of an enterprise agreement known as the Brisbane City Child Care Enterprise Agreement 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Brisbane City Child Care Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

The Agreement at clause 10 (k) briefly refers to the inclusion of the delegates rights term, amongst other terms referred to in clause 10, from the relevant modern award. These terms are noted to be included in this Agreement.

The Applicant has provided written undertakings. 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 views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to s.190(3) of the Act, I accept the undertakings.

Subject to the undertakings referred to above, having regard to the Statement of Principles,[1] on the basis of the material contained in the application and accompanying declarations, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and will operate from 11 December 2024. The nominal expiry date of the Agreement is 1 December 2026.

DEPUTY PRESIDENT

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Brisbane City Child Care Pty Ltd, trading as Brisbane City Child Care, the Fair Work Commission was presented with an application for the approval of the Brisbane City Child Care Enterprise Agreement 2024. This agreement was negotiated between the employer and the employees represented by the United Voice union. The dispute centred on the terms and conditions of employment for the employees, including wages, leave entitlements, and other employment benefits.

The primary legal issues before the Commission were whether the terms of the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT). The Commission had to determine if the agreement provided employees with a fair and reasonable outcome, ensuring they were no worse off and preferably better off overall than under the relevant industrial instrument. Additionally, the Commission examined whether the agreement complied with the provisions of the Act regarding the minimum entitlements that must be included in an enterprise agreement.

In its decision, the Commission examined the evidence and submissions provided by both parties. The Commission found that the proposed agreement met the statutory requirements, including the BOOT. It was determined that the agreement provided employees with a fair and reasonable outcome, as it offered improvements in wages and other conditions of employment that exceeded the minimum entitlements set out in the relevant industrial instrument. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and approved the Brisbane City Child Care Enterprise Agreement 2024.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established