Cribb Street Child Care Centre

[2013] FWCA 4953

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Cribb Street Child Care Centre
(AG2013/1982)

CRIBB STREET CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 22 JULY 2013

Application for approval of the Cribb Street Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Cribb Street Child Care Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Cribb Street Child Care Centre.

[2] On the basis of the material before me, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The United Voice, 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 29 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cribb Street Child Care Centre was the subject of an application before the Fair Work Commission (FWC) for approval of the Cribb Street Child Care Centre Enterprise Agreement 2013. The dispute arose between the Cribb Street Child Care Centre and the United Voice union, which represented the employees of the centre. The FWC was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 (Cth) and whether it was in the best interests of the employees.

The legal issues before the FWC were whether the agreement contained all the mandated terms and conditions as specified under the Fair Work Act, and whether the agreement had been made in good faith and without coercion. Additionally, the FWC considered whether the agreement provided fair and reasonable terms and conditions for the employees, including appropriate remuneration and conditions of employment.

The FWC found that the agreement met all the legislative requirements and had been made in good faith. The Commission concluded that the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work and the specific circumstances of the enterprise. The FWC approved the agreement, noting that it provided a fair balance between the needs of the enterprise and the rights of the employees. The FWC determined that the agreement was in the best interests of the employees and approved it accordingly.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established