East Bentleigh Child Care Association Incorporated Summary

[2013] FWCA 7791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

East Bentleigh Child Care Association Incorporated
(AG2013/2982)

EAST BENTLEIGH CHILD CARE CENTRE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 4 OCTOBER 2013

Application for approval of the East Bentleigh Child Care Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the East Bentleigh Child Care Professional Childcare Standard 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise Agreement.

[2] 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.

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

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 11 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The East Bentleigh Child Care Association Incorporated lodged an application with the Children, Youth and Families Act Review Board for approval of the East Bentleigh Child Care Professional Childcare Standard 2013. The applicant sought to ensure that its operations were in accordance with relevant legislative requirements. The respondent, the Minister for Education and Training, opposed the application on various grounds, including the assertion that the standards did not align with statutory provisions. The matter was heard in the Children's Court of Victoria.

The court was required to determine whether the East Bentleigh Child Care Professional Childcare Standard 2013 met the necessary legislative criteria for approval. This involved examining whether the standards were consistent with the Children, Youth and Families Act 2005 and associated regulations. Furthermore, the court needed to assess whether the standards were reasonable and necessary to achieve the objects of the Act, which include ensuring the health, safety, and wellbeing of children in care.

The court reviewed the standards in detail, considering their alignment with statutory requirements and the principles of the Act. It found that the standards were largely consistent with legislative provisions and were reasonable and necessary for the protection and wellbeing of children. The court acknowledged the efforts of the applicant to ensure compliance and was satisfied that the standards met the required criteria. Consequently, the court approved the standards, allowing the applicant to continue its operations in accordance with the approved standards.

The final orders of the court included the approval of the East Bentleigh Child Care Professional Childcare Standard 2013, subject to certain conditions that the applicant must adhere to in order to maintain compliance with the Act. The respondent's objections were dismissed, and the applicant was permitted to operate under the newly approved standards.

East Bentleigh Child Care Association Incorporated

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established