Hawkesbury River Child Care Inc.

[2013] FWCA 7780

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Hawkesbury River Child Care Inc.
(AG2013/10595)

HAWKESBURY RIVER CHILD CARE ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 4 OCTOBER 2013

Application for approval of the Hawkesbury River Child Care Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Hawkesbury River Child Care Enterprise Agreement 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] 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hawkesbury River Child Care Inc. was the subject of an application to the Fair Work Commission for approval of the Hawkesbury River Child Care Enterprise Agreement 2013. This agreement was between the employer and its employees, who were represented by the United Voice union. The application was necessary to ensure that the agreement complied with the requirements of the Fair Work Act 2009. The dispute centred on various terms and conditions of employment, including pay rates, hours of work, and leave entitlements.

The legal issues before the commission included whether the agreement met the statutory requirements for an enterprise agreement, such as whether it was made in good faith and whether it complied with the procedural requirements set out in the Fair Work Act 2009. The commission also needed to consider whether the agreement contained terms that were contrary to the public interest or were otherwise unenforceable. Additionally, the commission assessed whether the agreement was consistent with the objectives of the Fair Work Act, including the promotion of cooperative and productive workplace relations.

In its decision, the commission found that the agreement met the statutory requirements for approval. It was made in good faith, complied with the procedural requirements of the act, and did not contain any terms that were contrary to the public interest. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it promoted cooperative and productive workplace relations. As a result, the commission approved the Hawkesbury River Child Care Enterprise Agreement 2013. The employer and the union were required to take all necessary steps to implement the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established