Cape Kids Childcare Summary

[2013] FWCA 597

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cape Kids Childcare
(AG2012/14443)

CAPE KIDS CHILDCARE CENTRE ENTERPRISE AGREEMENT 2012

Children's services
COMMISSIONER BOOTH	BRISBANE, 31 JANUARY 2013

Application for approval of the Cape Kids Childcare Centre Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Cape Kids Childcare Centre Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cape Kids Childcare.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 February 2013. The nominal expiry date of the Agreement is 31 December 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Cape Kids Childcare Centre Enterprise Agreement 2012. The applicants were the Cape Kids Childcare Centre, and the respondent was the Department of Employment. The Fair Work Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Cape Kids Childcare Centre Enterprise Agreement 2012 complied with the requirements of the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith and whether it provided for terms and conditions that were fair and reasonable. The Commission also needed to assess whether the agreement adequately covered all necessary aspects, including minimum entitlements and the protection of employee rights.

The Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The agreement was comprehensive, covering all necessary aspects and providing for minimum entitlements as required by law. The Commission was satisfied that the agreement met the legal standards for approval under the Fair Work Act. The Commission approved the Cape Kids Childcare Centre Enterprise Agreement 2012, recognising that it was a fair and reasonable agreement that provided for the protection of employee rights and complied with all statutory requirements.

The Fair Work Commission approved the Cape Kids Childcare Centre Enterprise Agreement 2012, recognising its compliance with the Fair Work Act and its fairness and reasonableness in terms and conditions. The approval ensures that the agreement will govern the employment terms of the employees at the Cape Kids Childcare Centre, providing a legally binding framework that protects both the employer and the employees.

Cape Kids Childcare

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established