DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Community Child Care Association Inc
(AG2020/3861)

COMMUNITY CHILD CARE ASSOCIATION INC. ENTERPRISE AGREEMENT 2020

Social, community, home care and disability services
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JANUARY 2021

Application for approval of the Community Child Care Association Inc. Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Community Child Care Association Inc. Enterprise Agreement 2020 (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. 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. The undertakings are taken to be a term of 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] I note that Clause 28.4.3, 28.5.3, 28.5, 28.5.4(i) is inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 2.5 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2021. The nominal expiry date of the Agreement is 30 June 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Community Child Care Association Inc. sought approval of its 2020 Enterprise Agreement from the Fair Work Commission. The association operates various child care centres across Australia, and the dispute centred on the terms and conditions of employment for its staff, particularly concerning wages, hours of work, and other employment-related matters. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a safety net of minimum entitlements, was free from prohibited content, and was fairly negotiated. The association argued that the agreement was comprehensive and reflected a fair negotiation process, while opposing parties raised concerns about specific clauses, particularly those relating to wages and conditions. The Commission had to scrutinise each clause to ensure compliance with the statutory framework and assess whether the agreement provided adequate protection for employees.

In its decision, the Commission found that the agreement largely met the statutory requirements for approval. The Commission concluded that the agreement provided a safety net of minimum entitlements, was free from prohibited content, and was fairly negotiated. The Commission addressed and resolved the specific concerns raised by the opposing parties, making minor amendments to certain clauses to ensure compliance with the Act. Ultimately, the Commission approved the agreement, recognising the balanced approach taken by the parties in negotiating the terms of the agreement.

The Fair Work Commission approved the Community Child Care Association Inc. Enterprise Agreement 2020, subject to the minor amendments made during the review process. The decision underscores the importance of ensuring that enterprise agreements provide adequate protection for employees while also recognising the need for flexibility in the workplace. The approval of this agreement sets a precedent for similar negotiations in the child care sector and highlights the Commission's role in facilitating fair and effective workplace agreements.

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