DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Kidman Park Community Child Care Centre Inc
(AG2016/7564)

KIDMAN PARK COMMUNITY CHILD CARE CENTRE ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 11 JANUARY 2017

Application for approval of the Kidman Park Community Child Care Centre Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Kidman Park Community Child Care Centre Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Kidman Park Community Child Care Centre Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] United Voice 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Kidman Park Community Child Care Centre Inc sought approval of an Enterprise Agreement from 2016, which was the subject of a dispute. The application was heard in the Fair Work Commission, which was required to determine whether the agreement met the necessary legal standards for approval. The central issue before the Commission was whether the Enterprise Agreement complied with the Fair Work Act 2009, specifically whether it was a "better off overall test" agreement.

The Commission examined whether the proposed agreement provided employees with benefits that were at least as good as those provided under the applicable award or registered agreement. The Court found that the agreement met the statutory requirements, providing employees with benefits that were better than or equal to those under the relevant award. The agreement included provisions for increased wages, improved conditions, and additional leave entitlements, all of which were considered to be fair and reasonable.

Consequently, the Commission approved the Kidman Park Community Child Care Centre Enterprise Agreement 2016. The Court's decision was based on the comprehensive analysis of the agreement's provisions and their alignment with the statutory requirements for better off overall test agreements. The approval was granted, ensuring that the agreement would provide a fair and equitable framework for the employees of the Centre.

Kidman Park Community Child Care Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established