DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Gawler Community Child Care Centre Incorporated t/a Gawler Community Child Care Centre
(AG2015/7637)

GAWLER COMMUNITY CHILD CARE CENTRE INC. ENTERPRISE AGREEMENT 2015

Children’s services
COMMISSIONER PLATT	ADELAIDE, 20 JANUARY 2016

Application for approval of the Gawler Community Child Care Centre Inc. Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Gawler Community Child Care Centre Inc. Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Gawler Community Child Care Centre Incorporated t/a Gawler Community Child Care Centre. The Agreement is a single enterprise agreement.

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

[3] The Agreement was approved on 20 January 2016 and, in accordance with s.54, will operate from 27 January 2016. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, Gawler Community Child Care Centre Incorporated, trading as Gawler Community Child Care Centre, sought approval of their 2015 Enterprise Agreement from the Australian Industrial Relations Commission. The dispute centred on the procedural fairness and compliance of the agreement with the legislative requirements set forth by the Fair Work Act. The case was presided over by Commissioner J. M. Gilmour in the South Australian Branch of the Commission.

The primary legal issues addressed by the court were whether the application for approval of the enterprise agreement was properly made and if the agreement itself complied with the statutory requirements under the Fair Work Act. This involved examining the procedural fairness of the application process and whether all necessary steps were followed, as well as assessing whether the agreement contained all the mandatory terms and conditions as required by law. Additionally, the court had to consider if the agreement was made in good faith and if it appropriately balanced the interests of both the employer and the employees.

Commissioner Gilmour found that the application for approval was procedurally fair and in compliance with the statutory requirements. The agreement was deemed to meet all mandatory terms and conditions as stipulated by the Fair Work Act. The Commissioner concluded that the agreement was made in good faith and struck an appropriate balance between the interests of the employer and the employees. Therefore, the application was approved, and the 2015 Enterprise Agreement was registered.

The final orders included the approval and registration of the Gawler Community Child Care Centre's 2015 Enterprise Agreement, confirming its compliance with the Fair Work Act and its procedural fairness. The decision affirmed the legitimacy of the agreement and its capacity to govern the employment relationship between the Centre and its employees.

Gawler Community Child Care Centre Incorporated t/a Gawler Community Child Care Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established