Hamilton Child Care Centre Inc. Summary

[2023] FWCA 1085

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Hamilton Child Care Centre Inc.

(AG2023/820)

HAMILTON CHILD CARE CENTRE INC. TEACHERS AGREEMENT 2023

Educational services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 APRIL 2023

Application for approval of the Hamilton Child Care Centre Inc. Teachers Agreement 2023

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Hamilton Child Care Centre Inc. Teachers Agreement 2023 (Agreement).

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Independent Education Union 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.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 21 April 2023. The nominal expiry date of the Agreement is 1 September 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Hamilton Child Care Centre Inc., applied to the Fair Work Commission for approval of the Hamilton Child Care Centre Inc. Teachers Agreement 2023. The application was made under section 234 of the Fair Work Act 2009. The agreement, if approved, would establish the terms and conditions of employment for teachers at the centre. The applicant argued that the proposed agreement was necessary to improve working conditions and ensure fair treatment of teachers.

The primary legal issue before the Fair Work Commission was whether the terms of the proposed agreement met the requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for a safety net of minimum terms and conditions, ensured no terms were less favourable than the relevant award or registered agreement, and complied with the requirements for good faith bargaining. The Commission also had to consider whether the agreement would lead to improved working conditions and fair treatment of the teachers.

The Commission found that the proposed agreement met the necessary criteria for approval. It provided for a comprehensive safety net of minimum terms and conditions, ensuring that teachers were not disadvantaged by the agreement. The agreement also did not contain any terms that were less favourable than the relevant award or registered agreement. The Commission was satisfied that the agreement was the result of good faith bargaining between the parties. Furthermore, the agreement was likely to lead to improved working conditions and fair treatment of the teachers, which was in line with the objectives of the Fair Work Act.

The Fair Work Commission approved the Hamilton Child Care Centre Inc. Teachers Agreement 2023, effective from the date of the decision. The approval will provide certainty and stability for the teachers and the centre, ensuring that they are covered by a fair and comprehensive agreement that meets the requirements of the Fair Work Act.

Hamilton Child Care Centre Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established