DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSIROCARE Black Mountain Incorporated
(AG2018/6324)

CSIROCARE BLACK MOUNTAIN EARLY CHILDHOOD CENTRE ENTERPRISE AGREEMENT 2019-2022

Children’s services
COMMISSIONER YILMAZ	MELBOURNE, 29 APRIL 2019

Application for approval of the CSIROCARE Black Mountain Early Childhood Centre Enterprise Agreement 2019-2022.

[1] An application has been made for approval of an enterprise agreement known as the CSIROCARE Black Mountain Early Childhood Centre Enterprise Agreement 2019-2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CSIROCARE Black Mountain Incorporated. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 6 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of CSIROCARE Black Mountain Incorporated, the Australian Industrial Relations Commission was tasked with approving an enterprise agreement between the employer, CSIROCARE, and the employees represented by the United Voice union. The dispute centred around the proposed enterprise agreement for the period 2019-2022, specifically concerning the terms and conditions of employment for early childhood education and care workers.

The legal issues before the commission involved assessing whether the agreement complied with the relevant legislative requirements and whether it was fair and reasonable in all its terms. The commission had to determine if the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for a safety net of minimum entitlements and did not enable, facilitate, or result in unfair treatment of employees.

The commission found that the agreement was compliant with the legislative requirements. It provided for a safety net of minimum entitlements and did not facilitate or result in unfair treatment of employees. The commission noted that the agreement included provisions for reasonable work arrangements, adequate leave provisions, and appropriate remuneration. Additionally, the commission was satisfied that the agreement was fair and reasonable in all its terms, taking into account the needs of the employees and the employer. The commission approved the agreement, which will now be in effect for the specified period.

CSIROCARE Black Mountain Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established