Dalcath Pty Ltd T/A Jack & Jill Child Care Centre Summary

[2024] FWCA 4691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Dalcath Pty Ltd T/A Jack & Jill Child Care Centre

(AG2024/4797)

BYRNEVILLE HOUSE JACK AND JILL CHILDCARE CENTRES ENTERPRISE AGREEMENT 2024

Children’s services
COMMISSIONER YILMAZ	MELBOURNE, 24 DECEMBER 2024

Application for approval of the Byrneville House | Jack and Jill Childcare Centres Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the Byrneville House Jack and Jill Childcare Centres Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Dalcath Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met

The Agreement is approved and in accordance with s.54, will operate from 31 December 2024. The nominal expiry date of the Agreement is 1 December 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Dalcath Pty Ltd, trading as Jack & Jill Child Care Centre, and an application for approval of the Byrneville House | Jack and Jill Childcare Centres Enterprise Agreement 2024. The application was brought under the Fair Work Act 2009, seeking the Fair Work Commission's approval of the proposed enterprise agreement. The Commission was tasked with determining whether the agreement met the criteria for "better off overall" and whether it complied with the relevant provisions of the Act.

The primary legal issue before the Commission was whether the proposed enterprise agreement provided employees with a "better off overall" outcome compared to the applicable awards and whether it complied with the procedural and substantive requirements of the Fair Work Act. This involved assessing the financial benefits and conditions of the agreement against the relevant award provisions to determine if employees were indeed better off overall. Additionally, the Commission had to consider whether the agreement met the requirements for good faith bargaining and if the necessary procedural steps had been followed.

In reaching its decision, the Commission examined the proposed agreement's terms and conditions in detail, comparing them with the relevant award provisions. The Commission found that the proposed agreement provided employees with improved conditions and financial benefits, thereby satisfying the "better off overall" test. The Commission also found that the agreement complied with all procedural requirements, including the provision of necessary information to employees and the opportunity for objections and consultations. The Commission concluded that the agreement met the criteria for approval and was in accordance with the Act.

The Fair Work Commission approved the Byrneville House | Jack and Jill Childcare Centres Enterprise Agreement 2024, effective from the date of the decision. The approval was based on the finding that the agreement provided employees with a better off overall outcome and complied with all relevant statutory requirements.

Dalcath Pty Ltd T/A Jack & Jill Child Care Centre

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established