Casuarina Childcare Centre Inc T/A Casuarina Childcare Centre Inc

[2019] FWCA 2280

[2019] FWCA 2280

FAIR WORK COMMISSION

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

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Annexure A