DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Casuarina Childcare Centre Inc T/A Casuarina Childcare Centre Inc
(AG2019/695)

CASUARINA CHILDCARE CENTRE AND UNITED VOICE ENTERPRISE AGREEMENT 2018

Children's services
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 APRIL 2019

Application for approval of the Casuarina Childcare Centre and United Voice Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Casuarina Childcare Centre and United Voice Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Casuarina Childcare Centre Inc T/A Casuarina Childcare Centre Inc. The Agreement is a single enterprise agreement.

[2] The Employer 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] I note that Clause 10.9 is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 April 2019. The nominal expiry date of the Agreement is 1 December 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Casuarina Childcare Centre Inc trading as Casuarina Childcare Centre Inc, the Fair Work Commission was asked to consider the approval of the Casuarina Childcare Centre and United Voice Enterprise Agreement 2018. The application for approval was brought by United Voice, a union representing employees of the childcare centre. The dispute centred on the terms and conditions of employment for the centre's staff as outlined in the proposed enterprise agreement. The Commission had to determine whether the agreement met the statutory criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the Commission needed to ensure that the agreement was made in good faith and that there was genuine bargaining between the parties. Substantively, the Commission had to consider whether the agreement provided for appropriate minimum rates of pay, reasonable hours of work, and other terms and conditions that did not undercut existing industrial awards or agreements. Additionally, the Commission assessed whether the agreement included appropriate mechanisms for resolving disputes between the parties.

The Commission found that the agreement was made in good faith and that there was genuine bargaining between the parties. It noted that the agreement provided for fair and reasonable terms and conditions of employment, including appropriate minimum rates of pay and reasonable hours of work. The Commission also found that the agreement included adequate dispute resolution mechanisms. It concluded that the proposed agreement met all the statutory criteria for approval and did not undercut existing industrial awards or agreements. Therefore, the Commission approved the Casuarina Childcare Centre and United Voice Enterprise Agreement 2018.

Casuarina Childcare Centre Inc T/A Casuarina Childcare 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