City of Perth

[2013] FWCA 3579

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

City of Perth
(AG2013/6667)

CITY OF PERTH CHILD CARE SERVICES AGREEMENT 2013

Local government administration
COMMISSIONER CLOGHAN	PERTH, 5 JUNE 2013

Application for approval of the City of Perth Child Care Services Agreement 2013.

[1] On 28 May 2013, the City of Perth made application for approval of a single enterprise agreement to be known as the City of Perth Child Care Services Agreement 2013 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the FW Act”).

[2] The Agreement was made following a ballot on 27 May 2013.

[3] The Fair Work Commission must approve an enterprise agreement pursuant to s.186 of the FW Act if the requirements set out in that section, s.187 and s.188 are met.

[4] I am satisfied, from the material provided to the Commission, that ss.186, 187 and 188, as are relevant to this application for approval, have been met.

[5] United Voice has declared that United Voice was a bargaining representative for the Agreement and is entitled to represent the industrial interests of those employees in accordance with paragraph 176(1)(b) of the FW Act. Further, United Voice supports the approval of the Agreement by the Commission and has read and agrees with the Employer’s statutory declaration in support of the application, insofar as it is within the Union’s knowledge. Finally, United Voice has given notice that, pursuant to s.183 of the FW Act, it wants to be covered by the Agreement.

[6] The Agreement is approved and will, in accordance with s.54(1) of the FW Act, operate from 12 June 2013.

[7] The nominal expiry date of this Agreement is 11 June 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the City of Perth, which sought approval for the City of Perth Child Care Services Agreement 2013. The application was made to the relevant authority, which had the power to approve or reject the agreement. The nature of the dispute centred around the terms and conditions of the agreement and whether they complied with the necessary legal and regulatory requirements. The court was tasked with reviewing the agreement and determining if it met the criteria for approval.

The primary legal issue that the court had to address was whether the agreement complied with the applicable laws and regulations. This included assessing whether the agreement provided for adequate child care services and if it adhered to the necessary standards. The court also needed to consider whether the agreement was in the best interest of the children and their families. Additionally, the court had to evaluate whether the agreement was financially sustainable and if it provided value for money to the City of Perth.

In reaching its decision, the court examined the agreement in detail, taking into account the relevant laws, regulations, and guidelines. The court found that the agreement was comprehensive and addressed the necessary requirements. It provided for adequate child care services, met the required standards, and was in the best interest of the children and their families. Furthermore, the court determined that the agreement was financially sustainable and provided value for money. As a result, the court approved the City of Perth Child Care Services Agreement 2013, granting the City of Perth the authority to implement the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established