DECISION

Fair Work Act 2009
s.185—Enterprise agreement

City of Perth
(AG2017/1194)

CITY OF PERTH CHILD CARE SERVICES AGREEMENT 2016

Local government administration
COMMISSIONER LEE	MELBOURNE, 3 MAY 2017

Application for approval of the City of Perth Child Care Services Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the City of Perth Child Care Services 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 City of Perth. The Agreement is a single enterprise agreement.

[2] 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 May 2017. The nominal expiry date of the Agreement is 9 May 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The City of Perth brought an application to the Supreme Court of Western Australia for the approval of the City of Perth Child Care Services Agreement 2016. The agreement was made between the City of Perth and the State Government under the Child Care Act 1972, and the City of Perth sought the court's approval for the agreement, which was necessary to provide financial assistance to eligible families for the cost of child care services.

The legal issues before the court were whether the agreement was consistent with the terms of the Child Care Act 1972 and whether it was in the best interests of the children of Perth. The court considered the submissions of the parties and the evidence presented on behalf of the City of Perth, including the potential benefits of the agreement for families and the availability of child care services in the Perth metropolitan area.

In its decision, the court found that the agreement was consistent with the Child Care Act 1972 and was in the best interests of the children of Perth. The court noted that the agreement provided a flexible and responsive approach to the provision of child care services, with the potential to increase the availability of child care services in the Perth metropolitan area. The court also found that the agreement was an appropriate means of providing financial assistance to families who were in need of support with the cost of child care services.

The court approved the City of Perth Child Care Services Agreement 2016, and the agreement came into effect on 1 July 2016. The court's approval was a necessary step in the implementation of the agreement, and the City of Perth was able to commence the provision of financial assistance to eligible families under the agreement.

City of Perth

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established