DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Central Shoalhaven Mobile Preschool Unit INC T/A Central Shoalhaven Mobile Preschool Inc.
(AG2016/3521)

CENTRAL SHOALHAVEN MOBILE PRESCHOOL INC. CHILD CARE EMPLOYEES COLLECTIVE AGREEMENT 2016

Children’s services
COMMISSIONER ROE	MELBOURNE, 27 JUNE 2016

Application for approval of the Central Shoalhaven Mobile Preschool Inc. Child Care Employees Collective Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Central Shoalhaven Mobile Preschool Inc. Child Care Employees Collective 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 Central Shoalhaven Mobile Preschool Unit INC T/A Central Shoalhaven Mobile Preschool 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. 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.

[4] The Agreement was approved on 27 June 2016 and, in accordance with s.54, will operate from 4 July 2016. The nominal expiry date of the Agreement is 31 December 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, Central Shoalhaven Mobile Preschool Unit Inc., trading as Central Shoalhaven Mobile Preschool Inc., applied for the approval of the Child Care Employees Collective Agreement 2016. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the required minimum terms, if it was appropriately certified by the relevant employee representatives, and if the agreement was made in good faith. The Commission also had to consider whether the agreement met the requirements of the Fair Work (Registered Organisations) Act 2009.

The Commission found that the agreement contained all the required minimum terms and was appropriately certified. It concluded that the agreement was made in good faith and met the requirements of the Act. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions for employees in the child care industry.

The Fair Work Commission approved the Central Shoalhaven Mobile Preschool Inc. Child Care Employees Collective Agreement 2016, recognising its compliance with the necessary legal criteria.

Central Shoalhaven Mobile Preschool Unit INC T/A Central Shoalhaven Mobile Preschool Inc.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established