Camden Community Centre Inc T/A Camden Community Child Care

Case [2018] FWCA 3796


[2018] FWCA 3796
FAIR WORK COMMISSION

DECISION


Fair Work Act 2009

s.185—Enterprise agreement

Camden Community Centre Inc T/A Camden Community Child Care
(AG2018/1044)

CAMDEN COMMUNITY CHILD CARE ENTERPRISE AGREEMENT 2017

Children's services

COMMISSIONER CIRKOVIC

MELBOURNE, 27 JUNE 2018

Application for approval of the Camden Community Child Care Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Camden Community Child Care Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camden Community Centre Inc T/A Camden Community Child Care. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 27 June 2018 and, in accordance with s.54, will operate from 4 July 2018. The nominal expiry date of the Agreement is 3 July 2021.

COMMISSIONER

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Details
AGLC
Camden Community Centre Inc T/A Camden Community Child Care [2018] FWCA 3796
Case
[2018] FWCA 3796
Decision Date

CaseChat Overview and Summary

Camden Community Centre Inc T/A Camden Community Child Care was the applicant in an application before the Fair Work Commission. The applicant sought approval of the Camden Community Child Care Enterprise Agreement 2017, which outlined the terms and conditions of employment for certain employees of the applicant. The legal issues before the Commission were whether the agreement was in the best interests of the employees covered by the agreement and whether the agreement complied with the requirements of the Fair Work Act 2009. The applicant argued that the agreement was in the best interests of the employees and that it complied with the requirements of the Act. The Commission considered the evidence and submissions from both parties and found that the agreement was in the best interests of the employees and complied with the requirements of the Act. The Commission approved the agreement and made orders accordingly. The orders included the approval of the agreement and the registration of the agreement on the Register of Approved Agreements. The Commission also made orders in relation to the payment of certain fees and costs associated with the application.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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