Eltham Woods Childcare Cooperative Summary

[2013] FWCA 8156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Application for approval of a single-enterprise agreement

Eltham Woods Childcare Cooperative
(AG2013/9611)

ELTHAM WOODS CHILDCARE COOPERATIVE ENTERPRISE AGREEMENT 2013

Children’s services
DEPUTY PRESIDENT SMITH	MELBOURNE, 17 OCTOBER 2013

Application for approval of the Eltham Woods Childcare Cooperative Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Eltham Woods Childcare Cooperative Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Eltham Woods Childcare Cooperative. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Eltham Woods Childcare Cooperative, the applicant sought approval for the 2013 Enterprise Agreement from the Fair Work Commission. The dispute centred on the adequacy and fairness of the proposed agreement, with the applicant arguing that it was necessary for the smooth operation of the cooperative, while the respondent raised concerns about certain provisions. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Act, particularly in relation to the provisions regarding the employment terms and conditions of the childcare workers. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it was made in good faith. The Commission had to consider both the substance of the agreement and the process by which it was negotiated.

After examining the evidence and submissions from both parties, the Fair Work Commission determined that the Eltham Woods Childcare Cooperative Enterprise Agreement 2013 did indeed meet the legislative criteria for approval. The Commission found that the agreement contained fair and reasonable terms and conditions, and that it was made in good faith. It was satisfied that the process followed in negotiating the agreement was appropriate and that the agreement would not have an adverse effect on the broader industrial relations system.

Consequently, the Commission approved the Enterprise Agreement, allowing it to come into effect as a registered agreement. This decision provided clarity and certainty for the parties involved, ensuring that the agreement could be implemented while maintaining a fair and balanced approach to the employment terms and conditions within the cooperative.

Eltham Woods Childcare Cooperative

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established