Maryland Care & Early Education Centre Inc T/A Maryland Care & Early Education Centre Inc

[2018] FWCA 421

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Maryland Care & Early Education Centre Inc T/A Maryland Care & Early Education Centre Inc

(AG2018/39)

Maryland Care & Early Education Centre – Child Care & Miscellaneous Workers Agreement 2017-2019

Children’s services
Commissioner McKinnon	MELBOURNE, 19 JANUARY 2018

Application for approval of the Maryland Care & Early Education Centre - Child Care & Miscellaneous Workers Agreement 2017-2019.

An application has been made for approval of an enterprise agreement known as the Maryland Care & Early Education Centre - Child Care & Miscellaneous Workers Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Maryland Care & Early Education Centre Inc T/A Maryland Care & Early Education Centre Inc. The Agreement is a single enterprise agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 January 2018. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maryland Care & Early Education Centre Inc, trading as Maryland Care & Early Education Centre Inc, applied to the Fair Work Commission for approval of a new enterprise agreement. The application pertained to the Child Care & Miscellaneous Workers Agreement 2017-2019. The dispute arose from the need to approve the terms and conditions of employment for workers within the child care sector, as stipulated by the relevant federal legislation. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with determining whether the proposed agreement met the necessary criteria for approval.

The primary legal issue the Commission had to address was whether the proposed agreement complied with the procedural and substantive requirements set out in the Fair Work Act. This involved ensuring the agreement was not adversely affecting the employees' conditions and was made in good faith, without coercion or undue influence. Additionally, the Commission had to consider whether the agreement contained minimum terms and conditions, and if it allowed for the protection of employees' rights and interests.

In rendering its decision, the Commission carefully examined the procedural fairness of the agreement, including the negotiation process and the manner in which employees were consulted. The Commission found that the agreement was negotiated in good faith and that there was adequate consultation with the employees. The substantive provisions of the agreement were also scrutinised to ensure they did not unfairly disadvantage employees. Ultimately, the Commission was satisfied that the agreement met all the necessary legal requirements and approved it, finding that it provided for fair and reasonable terms for the employees.

The Commission's approval of the agreement was based on its finding that it was made in good faith, without coercion, and that it provided for fair and reasonable terms for the employees. The agreement was deemed to comply with all statutory requirements and was therefore approved. The Commission's decision was communicated to the parties, and the approved agreement came into effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established