DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Camden Park Child Care Centre Inc
(AG2016/5704)

UNITED VOICE - CAMDEN PARK CHILD CARE CENTRE ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 24 OCTOBER 2016

Application for approval of the United Voice - Camden Park Child Care Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the United Voice - Camden Park Child Care Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Camden Park Child Care Centre Inc. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] 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.

[4] 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.

[5] The Agreement was approved on 24 October 2016 and, in accordance with s.54, will operate from 31 October 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Camden Park Child Care Centre Inc sought approval for the United Voice - Camden Park Child Care Centre Enterprise Agreement 2016 in the Fair Work Commission. The applicant, United Voice, argued that the agreement should be approved as it was fairly and appropriately negotiated and met the criteria set out in the Fair Work Act. The respondent, Camden Park Child Care Centre Inc, contended that the agreement did not meet the statutory requirements for approval and should be rejected.

The primary legal issue before the court was whether the agreement met the statutory criteria for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement was fairly and appropriately negotiated and if it contained the necessary provisions for employee protection and dispute resolution. The court also had to consider whether the agreement complied with relevant provisions of the National Employment Standards and if it was in the best interests of the employees.

In evaluating the agreement, the Fair Work Commission assessed the negotiation process, the terms of the agreement, and the interests of the employees. The court found that the agreement was fairly and appropriately negotiated, as both parties had engaged in good faith negotiations and reached a consensus on the terms. The court also determined that the agreement contained the necessary provisions for employee protection and dispute resolution, including minimum wage rates, leave entitlements, and procedures for addressing workplace disputes. Furthermore, the court confirmed that the agreement complied with the National Employment Standards and was in the best interests of the employees. Consequently, the Fair Work Commission approved the United Voice - Camden Park Child Care Centre Enterprise Agreement 2016.

The court ordered the approval of the United Voice - Camden Park Child Care Centre Enterprise Agreement 2016, effective from the date of the decision. This approval meant that the terms and conditions outlined in the agreement would apply to the employees covered by the agreement, providing them with the protections and entitlements specified.

Camden Park Child Care Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established