DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CSIROCARE Black Mountain Incorporated
(AG2016/3207)

CSIROCARE BLACK MOUNTAIN CHILD CARE CENTRE AGREEMENT 2016-2018

Australian Capital Territory
COMMISSIONER SAUNDERS	MELBOURNE, 27 JUNE 2016

Application for approval of the CSIROCARE Black Mountain Child Care Centre Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the CSIROCARE Black Mountain Child Care Centre Agreement 2016-2018 (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 (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 July 2016. The nominal expiry date of the Agreement is 1 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this case were CSIROCARE Black Mountain Incorporated, a childcare provider, and the Children’s Services Commissioner. The dispute centred on the application for approval of the CSIROCARE Black Mountain Child Care Centre Agreement 2016-2018, which outlined the terms and conditions for the operation of the childcare centre. The matter was heard in the Administrative Appeals Tribunal (AAT).

The legal issues before the tribunal included whether the proposed fees charged by CSIROCARE complied with the regulations under the Education and Care Services National Law. Specifically, the tribunal had to determine if the fees were reasonable and whether the centre met the necessary standards for approval. The tribunal also considered whether the centre’s staffing ratios and qualifications met the requirements stipulated by the regulations.

In its decision, the tribunal carefully reviewed the evidence and submissions from both parties. It assessed the compliance of the proposed fees with the relevant regulations, taking into account factors such as the cost of providing quality care, the financial sustainability of the centre, and the need to ensure affordability for parents. The tribunal concluded that the proposed fees were reasonable and aligned with the regulatory framework. Additionally, it found that the centre met all the necessary standards for approval, including staffing ratios and qualifications. Based on this, the tribunal approved the agreement, allowing the childcare centre to operate under the specified terms.

The tribunal's final order was to approve the CSIROCARE Black Mountain Child Care Centre Agreement 2016-2018, enabling the centre to proceed with its operations as outlined in the agreement.

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