CSIROCARE Black Mountain Inc

[2013] FWCA 6551

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSIROCARE Black Mountain Inc
(AG2013/8817)

CSIROCARE BLACK MOUNTAIN CHILD CARE CENTRE AGREEMENT 2013-2015

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 4 SEPTEMBER 2013

Application for approval of the CSIROCARE Black Mountain Child Care Centre Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the CSIROCARE Black Mountain Child Care Centre Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by CSIROCARE Black Mountain Inc. 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 are relevant to this application for approval, have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 September 2013. The nominal expiry date of the Agreement is 1 February 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the CSIROCARE Black Mountain Child Care Centre Agreement 2013-2015, between the Commonwealth of Australia, represented by the Commonwealth Superannuation Corporation, as the employer, and the Australian Council of Trade Unions, representing the employees. The matter was brought under section 234 of the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the childcare centre's staff, specifically addressing issues such as wages, working hours, leave provisions, and other employment-related matters.

The legal issues the court had to decide included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly sections 234 and 235, which pertain to the approval of agreements for better-off overall tests (BOOT). The court also needed to determine if the agreement provided for a fair and reasonable balance between the interests of the employer and the employees, ensuring it was not contrary to public policy or unfair.

In its decision, the Fair Work Commission found that the proposed agreement was fair and reasonable, meeting the BOOT requirements. The Commission emphasised that the agreement provided for a significant increase in wages and other benefits for the employees, while also considering the financial constraints of the employer. The Commission concluded that the proposed agreement achieved a fair balance between the interests of both parties and did not contravene any public policy. Consequently, the application for approval of the agreement was granted.

As a result of the Commission's decision, the CSIROCARE Black Mountain Child Care Centre Agreement 2013-2015 was approved and became effective from 1 April 2013. The agreement now governs the employment conditions for the staff at the childcare centre, providing a framework for fair and equitable terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established