Logan TAFE Community Child Care Centre Inc Summary

[2013] FWCA 4874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Logan TAFE Community Child Care Centre Inc
(AG2013/1972)

LOGAN TAFE COMMUNITY CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Children's services
COMMISSIONER BOOTH	BRISBANE, 19 JULY 2013

Application for approval of the Logan TAFE Community Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Logan TAFE Community Child Care Centre Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Logan TAFE Community Child Care Centre Inc.

[2] On the basis of the material before me, 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 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.

[4] The Agreement is approved and, in accordance with s.54, will operate from 26 July 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of the Logan TAFE Community Child Care Centre Enterprise Agreement 2013. The applicants, Logan TAFE Community Child Care Centre Inc, sought approval for the agreement, which was entered into between the employer and the employees, who were members of the Queensland Teachers' Union. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for it to be approved and registered by the Commission.

The primary legal issues the Commission had to determine were whether the agreement had been made in accordance with the Act, whether it met the "better off overall test" and whether it contained the necessary "protected action provisions." The Commission needed to assess if the agreement had been negotiated in good faith and if it provided for a fair and reasonable outcome for the employees. The Commission also needed to ensure that the agreement did not include provisions that were contrary to public policy or that could undermine the safety and health of employees.

In its decision, the Fair Work Commission found that the Logan TAFE Community Child Care Centre Enterprise Agreement 2013 had been negotiated in good faith and met the requirements under the Fair Work Act 2009. The Commission concluded that the agreement was fair and reasonable, and that it provided for a better-off outcome for the employees. The Commission approved the agreement, finding that it contained all the necessary protected action provisions and did not contravene any public policy considerations. The Commission also determined that the agreement did not pose any risks to the safety and health of the employees.

Logan TAFE Community 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