DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kelly’s Place Children’s Centre Incorporated T/A Kelly’s Place Children’s Centre
(AG2016/7511)

KPCC ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER ROE	MELBOURNE, 1 FEBRUARY 2017

Application for approval of the KPCC Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the KPCC Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kelly’s Place Children’s Centre Incorporated T/A Kelly’s Place Children’s 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 1 February 2017 and, in accordance with s.54, will operate from 8 February 2017. The nominal expiry date of the Agreement is 31 December 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly’s Place Children’s Centre Incorporated, trading as Kelly’s Place Children’s Centre, applied for approval of the KPCC Enterprise Agreement 2017. The Fair Work Commission heard the application. The matter involved the approval of an enterprise agreement made between the employer and the employees represented by the Australian Education Union. The Commission was required to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and if it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement adequately covered the terms and conditions of employment, if it was fair and reasonable, and whether it was made in good faith. The Commission considered the procedural fairness of the agreement, the bargaining process, and the compliance with the mandatory provisions of the Fair Work Act. The Commission also assessed if the agreement provided fair and reasonable terms for the employees, taking into account the nature of the work and the industry standards.

After reviewing the submissions from both parties and the evidence presented, the Fair Work Commission determined that the KPCC Enterprise Agreement 2017 complied with the requirements of the Fair Work Act. The Commission found that the agreement was made in good faith and provided fair and reasonable terms for the employees. The Commission also noted that the agreement was procedurally fair and met the mandatory provisions of the Act. Consequently, the Commission approved the KPCC Enterprise Agreement 2017.

The Commission approved the KPCC Enterprise Agreement 2017, subject to the conditions set out in the order. The agreement now provides the basis for the terms and conditions of employment for the employees of Kelly’s Place Children’s Centre. The decision reflects the Commission’s consideration of the fairness, reasonableness, and compliance of the agreement with the relevant legislative provisions.

Kelly’s Place Children’s Centre Incorporated T/A Kelly’s Place Children’s Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established