DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Clarence City Council
(AG2016/6431)

ROSNY CHILD CARE CENTRE ENTERPRISE AGREEMENT #6/2016

Tasmania
COMMISSIONER LEE	MELBOURNE, 9 DECEMBER 2016

Application for approval of the Rosny Child Care Centre Enterprise Agreement #6/2016.

[1] An application has been made for approval of an enterprise agreement known as the Rosny Child Care Centre Enterprise Agreement #6/2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Clarence City Council. 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 December 2016. The nominal expiry date of the Agreement is 31 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Clarence City Council for approval of the Rosny Child Care Centre Enterprise Agreement #6/2016. The dispute arose from the negotiation and finalisation of a workplace agreement intended to govern the terms and conditions of employment for staff at the Rosny Child Care Centre. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues for the Commission to address were whether the agreement was a bona fide enterprise agreement and if it had been appropriately certified. The Commission had to consider the process through which the agreement was made, including whether it was negotiated in good faith and whether the necessary steps for certification were correctly followed. Additionally, the Commission needed to examine the content of the agreement to ensure it complied with the statutory minimum standards and other relevant provisions of the Fair Work Act.

The Commission found that the agreement was indeed a bona fide enterprise agreement, as it was negotiated in good faith and followed the requisite steps for certification. The Commission also determined that the agreement met the statutory minimum standards and did not contravene any other provisions of the Fair Work Act. Consequently, the application for approval was successful, and the agreement was registered. The Commission's decision was based on a thorough analysis of the negotiation process, the content of the agreement, and its compliance with the relevant legislative framework.

The final orders included the approval and registration of the Rosny Child Care Centre Enterprise Agreement #6/2016, affirming its validity and enforceability under the Fair Work Act. The Commission's decision provided clarity and certainty regarding the terms of employment for the staff at the Rosny Child Care Centre, ensuring that the agreement would govern their working conditions going forward.

Clarence City Council

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established