Eastlakes Community Child Care Centre Inc T/A Belmont Community Child Care Centre Summary

[2023] FWCA 2888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Eastlakes Community Child Care Centre Inc T/A Belmont Community Child Care Centre

(AG2023/2903)

TEACHER’S BELMONT COMMUNITY CHILD CARE CENTRE AGREEMENT 2022

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 SEPTEMBER 2023

Application for approval of the Teacher’s Belmont Community Child Care Centre Agreement 2022

An application has been made for approval of an enterprise agreement known as the Teacher’s Belmont Community Child Care Centre Agreement 2022 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Act, that commenced operation on 6 June 2023.

Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for the Agreement was before 6 June 2023.

Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023. The better off overall test provisions in Part 2-4 of the Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the agreement was made before 6 June 2023. The Agreement was made on 16 August 2023.

The Employer has provided written undertakings (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.

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.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 September 2023. The nominal expiry date of the Agreement is 13 September 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved Eastlakes Community Child Care Centre Inc, trading as Belmont Community Child Care Centre, which applied for approval of the Teacher’s Belmont Community Child Care Centre Agreement 2022. The application was brought before the Fair Work Commission to determine if the agreement complied with the relevant legislative framework. The Commission was tasked with ensuring that the agreement met the necessary standards for industrial fairness and provided a suitable framework for the employment of teachers within the childcare centre.

The primary legal issue the Commission had to address was whether the proposed agreement adhered to the requirements set out in the Fair Work Act 2009. Specifically, the Commission needed to verify that the agreement covered all essential terms and conditions of employment, provided for a fair and efficient method of resolving disputes, and did not undermine the rights of employees. Furthermore, the Commission examined whether the agreement appropriately balanced the interests of both the employer and the employees, ensuring that it did not unduly favour one party over the other.

After careful consideration, the Commission concluded that the agreement substantially complied with the legislative requirements. The Commission noted that the agreement provided for clear and comprehensive terms regarding the employment conditions, dispute resolution mechanisms, and the rights and obligations of both parties. The Commission also highlighted that the agreement contained provisions that protected the interests of the teachers, ensuring that they were not disadvantaged. As a result, the Commission approved the agreement, recognising its fairness and appropriateness for the context in which it would be applied.

The Commission's decision was finalised with the approval of the Teacher’s Belmont Community Child Care Centre Agreement 2022, subject to the terms and conditions specified in the agreement. This outcome allowed the childcare centre to operate under the approved agreement, providing a stable and legally compliant framework for the employment of teachers.

Eastlakes Community Child Care Centre Inc T/A Belmont Community 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