CSIROCARE Black Mountain Incorporated, Parent Management Committee T/A CSIRO Black Mountain Incorporated

[2022] FWCA 4573

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CSIROCARE Black Mountain Incorporated, Parent Management Committee T/A CSIRO Black Mountain Incorporated

(AG2022/5146)

CSIROCARE Black Mountain Early Childhood Centre Enterprise Agreement 2022-2025

Children’s services
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 DECEMBER 2022

Application for approval of the CSIROCARE Black Mountain Early Childhood Centre Enterprise Agreement 2022-2025.

An application has been made for approval of an enterprise agreement known as the CSIROCARE Black Mountain Early Childhood Centre Enterprise Agreement 2022-2025 (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, Parent Management Committee T/A CSIRO Black Mountain Incorporated. The Agreement is a single enterprise agreement.

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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, 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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 December 2022. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application to the Fair Work Commission for approval of the CSIROCARE Black Mountain Early Childhood Centre Enterprise Agreement 2022-2025. The applicant was CSIROCARE Black Mountain Incorporated, with its Parent Management Committee acting on its behalf. The application was opposed by the Australian Education Union, ACT Branch, which argued that the proposed agreement did not meet the requirements of the Fair Work Act 2009. The Commission was required to determine whether the agreement should be approved, considering the statutory criteria set out in the Act.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant statutory provisions. The applicant needed to demonstrate that the agreement was in the best interests of the employees and met all the criteria for approval under the Fair Work Act. The opposing party argued that the agreement failed to meet these criteria, particularly in relation to the provisions governing employee entitlements, conditions of employment, and dispute resolution mechanisms.

In assessing the application, the Commission examined the content of the proposed agreement against the statutory requirements. The Commission found that the agreement did indeed meet the criteria for approval, as it provided for fair and reasonable terms and conditions for the employees. The Commission acknowledged the efforts made by both parties to negotiate the agreement and recognised the unique circumstances of the CSIROCARE Black Mountain Early Childhood Centre. The Commission concluded that the agreement was in the best interests of the employees and approved it accordingly.

The Fair Work Commission approved the CSIROCARE Black Mountain Early Childhood Centre Enterprise Agreement 2022-2025, noting that it met the statutory criteria for approval under the Fair Work Act. The Commission commended both parties for their efforts in negotiating the agreement and highlighted the importance of tailored agreements that reflect the specific needs of the workplace. The approval ensures that the employees of the CSIROCARE Black Mountain Early Childhood Centre have fair and reasonable terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established