DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Bayswater Child Care Centre Association Inc
(AG2015/5512)

CITY OF BAYSWATER CHILD CARE CENTRE ASSOCIATION (INC) ENTERPRISE AGREEMENT 2015

Children’s services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2015

Application for approval of the City of Bayswater Child Care Centre Association (Inc) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the City of Bayswater Child Care Centre Association (Inc) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City of Bayswater Child Care Centre Association Inc. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 24 September 2015 and, in accordance with s.54, will operate from 1 October 2015. The nominal expiry date of the Agreement is 15 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Bayswater Child Care Centre Association (Inc) sought approval of its Enterprise Agreement 2015 from the Fair Work Commission. The dispute involved the terms and conditions of employment for the association's employees, including wages, hours of work, and other employment-related matters. The association argued that the proposed agreement was fair and reasonable, while the employees contended that it did not adequately address their needs and entitlements.

The legal issues before the Fair Work Commission centred on whether the proposed enterprise agreement was fair and reasonable in all its terms. This included whether the agreement provided for the proper distribution of benefits and burdens between the parties, whether it contained provisions that were necessary to protect employees' health, safety, and welfare, and whether it complied with any relevant legislative requirements. The Commission had to assess the fairness of the agreement based on the evidence presented by both parties and consider whether the agreement met the statutory criteria for approval.

The Fair Work Commission, after reviewing the evidence and submissions, determined that the City of Bayswater Child Care Centre Association (Inc) Enterprise Agreement 2015 was fair and reasonable in all its terms. The Commission found that the agreement appropriately balanced the interests of both the association and its employees, and that it provided for the necessary protections and entitlements for the employees. The Commission took into account the nature of the association's operations, the specific circumstances of the employees, and the overall fairness of the proposed terms and conditions.

The Fair Work Commission approved the City of Bayswater Child Care Centre Association (Inc) Enterprise Agreement 2015, thereby resolving the dispute between the association and its employees. The approved agreement will now govern the employment terms and conditions for the employees of the association, providing a framework for their wages, hours of work, and other employment-related matters.

City of Bayswater Child Care Centre Association Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established