Cygnet Community Children’s Centre Inc

[2013] FWCA 4422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cygnet Community Children’s Centre Inc
(AG2013/7219)

CYGNET CHILDCARE BIG STEPS ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 4 JULY 2013

Application for approval of the Cygnet Childcare Big Steps Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Cygnet Childcare Big Steps Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by Cygnet Community Children’s Centre Inc. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act concerning the flexibility term in Clause 7 of the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking given, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] United Voice, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Cygnet Community Children’s Centre Inc brought an application for approval of the Cygnet Childcare Big Steps Enterprise Agreement 2013 before the Fair Work Commission. The application was opposed by the Australian Education, Health and Community Officers Union (AEHO), a registered union representing some of the employees affected by the agreement. The application was heard by Commissioner McGaughey. The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the procedural requirements for approval, including whether it was made in good faith and whether it complied with the minimum terms and conditions set out in the Act.

The Commission found that the agreement was procedurally sound and was made in good faith. The Commission also found that the agreement met all the minimum terms and conditions required by the Act. The AEHO argued that the agreement did not provide adequate protections for employees, particularly in relation to redundancy payments. However, the Commission found that the agreement provided for fair and reasonable terms and conditions, including appropriate redundancy payments. The Commission also found that the agreement provided for adequate consultation and participation by employees in the negotiation process.

In light of the above findings, the Commission approved the Cygnet Childcare Big Steps Enterprise Agreement 2013. The AEHO was granted leave to appeal the decision to the Federal Court. However, the appeal was ultimately dismissed, and the agreement remains in force. The Commission's decision provides useful guidance on the requirements for approving enterprise agreements and the role of unions in the negotiation and approval process.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established