Creative Child Care Pty Ltd as trustee for The Loganlea CC Unit Trust T/A Nanna’s Care Child Care Centre Summary

[2013] FWCA 7075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Creative Child Care Pty Ltd as trustee for The Loganlea CC Unit Trust T/A Nanna’s Care Child Care Centre
(AG2013/9322)

CREATIVE CHILD CARE PTY LTD AS TRUSTEE FOR THE LOGANLEA CC UNIT TRUST TRADING AS NANNA’S CARE CHILD CARE CENTRE - EARLY YEARS QUALITY FUND ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER ROBERTS	SYDNEY, 18 SEPTEMBER 2013

Application for approval of the Creative Child Care Pty Ltd as trustee for The Loganlea CC Unit Trust trading as Nanna’s Care Child Care Centre - Early Years Quality Fund Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Creative Child Care Pty Ltd as trustee for The Loganlea CC Unit Trust trading as Nanna’s Care Child Care Centre - Early Years Quality Fund Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Creative Child Care Pty Ltd as trustee for The Loganlea CC Unit Trust T/A Nanna’s Care Child Care Centre. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as is relevant to this application for approval has been met.

[3] The United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wishes to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers that organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2013. The nominal expiry date will be 18 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Creative Child Care Pty Ltd as trustee for The Loganlea CC Unit Trust, trading as Nanna’s Care Child Care Centre, sought approval of an Enterprise Agreement under the Fair Work Act 2009 (Cth) from the Fair Work Commission. The applicant argued that the proposed agreement was appropriate for the workforce and met the requirements of the legislation. The nature of the dispute centred on whether the agreement provided fair and reasonable terms and conditions of employment for the employees of the childcare centre, in accordance with the Act.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement provided fair and reasonable terms and conditions of employment for the employees. The applicant needed to demonstrate that the agreement was fair and reasonable, taking into account the provisions of the Act and the principles of fairness and reasonableness as established in relevant case law. The Commission had to assess whether the agreement met the requirements of section 233 of the Fair Work Act, which provides that an enterprise agreement must provide for fair and reasonable terms and conditions of employment.

In determining whether the agreement was fair and reasonable, the Commission considered the provisions of the proposed agreement, the nature of the business, and the workforce of the childcare centre. The Commission also took into account the principles of fairness and reasonableness as established in relevant case law. After careful consideration, the Commission found that the proposed agreement provided fair and reasonable terms and conditions of employment for the employees of the childcare centre. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the agreement.

The Commission made an order approving the proposed Enterprise Agreement as a registered agreement under section 178 of the Fair Work Act. The order is effective from the date of registration and applies to the employees of the childcare centre. The applicant is required to provide a copy of the approved agreement to each employee and to the Fair Work Ombudsman. The order provides certainty and stability for the employees and the childcare centre, and ensures that the agreement provides fair and reasonable terms and conditions of employment.

Creative Child Care Pty Ltd as trustee for The Loganlea CC Unit Trust T/A Nanna’s Care Child Care Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established