Bundaberg Baptist Family Day Care Scheme Inc

[2014] FWCA 7079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Bundaberg Baptist Family Day Care Scheme Inc
(AG2014/7269)

BUNDABERG BAPTIST FAMILY DAY CARE ENTERPRISE AGREEMENT 2014

Social, community, home care and disability services
DEPUTY PRESIDENT BOOTH	SYDNEY, 8 OCTOBER 2014

Application for approval of the Bundaberg Baptist Family Day Care Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Bundaberg Baptist Family Day Care Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Bundaberg Baptist Family Day Care Scheme Inc. The agreement is a single-enterprise agreement.

[2] The Agreement does contain a flexibility term, however, it is not a flexibility term which complies with s.203(2) of the Act. I note that the model flexibility term is taken, pursuant to s.202(4) of the Act, to be a term of the Agreement. A copy of the model flexibility term is attached to this decision.

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 October 2014. The nominal expiry date of the Agreement is 31 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Bundaberg Baptist Family Day Care Scheme Inc, sought approval for the Bundaberg Baptist Family Day Care Enterprise Agreement 2014. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The applicant's dispute involved the terms and conditions of employment for employees who were part of the enterprise agreement, which was being considered for its approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement provided for the minimum terms and conditions that would be applicable to the employees, and if it complied with the provisions of the Act that ensure fairness and effectiveness in the workplace. The Commission also needed to assess if the agreement provided adequate mechanisms for dispute resolution and if it met the procedural requirements for approval.

The Fair Work Commission found that the Bundaberg Baptist Family Day Care Enterprise Agreement 2014 satisfied the necessary criteria for approval. The agreement was deemed to provide for the minimum terms and conditions required by the Act, including provisions for pay rates, hours of work, leave entitlements and other employment-related matters. The Commission concluded that the agreement was fair and effective, and it included appropriate dispute resolution mechanisms. Additionally, the procedural requirements for approval were met, including the provision of relevant documents to affected employees and the opportunity for objections to be lodged. Therefore, the Commission approved the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established