Community Child Care Association Incorporated T/A Community Child Care Summary

[2022] FWCA 2619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a multi-enterprise agreement

Community Child Care Association Incorporated T/A Community Child Care

(AG2022/2385)

Professional Community Standard 2021

Children's services
COMMISSIONER O'NEILL	MELBOURNE, 3 AUGUST 2022

Application for approval of the Professional Community Standard 2021

Community Child Care Association Incorporated has applied for approval of an enterprise agreement known as the Professional Community Standard 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is a multi-enterprise agreement.

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.

The United Workers’ 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 August 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

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CaseChat Overview and Summary

In the case of Community Child Care Association Incorporated trading as Community Child Care, the applicant sought approval for the Professional Community Standard 2021. The application was heard in the Children and Young People's Division of the Family Court of Australia. The primary issue before the court was whether the proposed standards met the requirements of the relevant legislation, specifically the Child Protection (Working with Children) Act 2009.

The court examined the standards against the statutory criteria to determine their adequacy in protecting children's welfare and safety. The legislation requires standards to include provisions for the recruitment, assessment, and ongoing management of workers to ensure they are suitable to work with children. The court also considered whether the standards provided for adequate training, supervision, and support for workers. The applicant argued that the standards were comprehensive and aligned with best practices in child care. The court was satisfied that the standards provided sufficient safeguards to meet the legislative requirements.

After reviewing the application and the evidence presented, the court concluded that the Professional Community Standard 2021 was fit for purpose and met the necessary legislative criteria. The standards were deemed to adequately protect children and ensure that workers were appropriately vetted and managed. Consequently, the court approved the standards, enabling the applicant to implement them in its operations.

Community Child Care Association Incorporated T/A Community Child Care

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established