DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Child Care Association Inc.
(AG2017/1887)

COMMUNITY CHILD CARE ASSOCIATION INC. ENTERPRISE AGREEMENT

Social, community, home care and disability services
COMMISSIONER SAUNDERS	SYDNEY, 19 JULY 2017

Application for approval of the Community Child Care Association Inc. Enterprise Agreement.

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

[2] The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were the Community Child Care Association Inc. and its employees, represented by the Australian Services Union (ASU). The dispute centred on the application for approval of an Enterprise Agreement, which aimed to regulate the terms and conditions of employment for the employees of the Association. The case was heard in the Fair Work Commission, the industrial relations tribunal of Australia.

The legal issues the court needed to decide were whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act 2009, and if it met the "better off overall test". This test requires that employees be no worse off financially and, where possible, better off overall with the new agreement compared to their previous conditions. Additionally, the court examined if the agreement provided a fair and reasonable balance between the interests of the employer and the employees.

The Fair Work Commission found that the Enterprise Agreement did meet the requirements of the Fair Work Act and passed the better off overall test. The court determined that the proposed agreement provided for fair and reasonable terms and conditions, taking into account the interests of both the employer and the employees. As a result, the court approved the Enterprise Agreement, which will now regulate the employment conditions of the employees of the Community Child Care Association Inc.

The final orders of the court were to approve the Community Child Care Association Inc. Enterprise Agreement, effective from the date of the decision. The approval of the agreement ensures that the terms and conditions of employment are regulated in a fair and balanced manner, taking into consideration the interests of both the employer and the employees.

Community Child Care 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