Maryland Care & Early Education Centre Inc. Summary

[2013] FWCA 7400

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Maryland Care & Early Education Centre Inc.
(AG2013/8655)

MARYLAND CARE & EARLY EDUCATION CENTRE - CHILD CARE & MISCELLANEOUS WORKERS AGREEMENT 2013-2015

Children’s services
VICE PRESIDENT LAWLER	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Maryland Care & Early Education Centre - Child Care & Miscellaneous Workers Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Maryland Care & Early Education Centre - Child Care & Miscellaneous Workers Agreement 2013-2015 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Maryland Care & Early Education Centre Inc. The Agreement is a single-enterprise agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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] As noted, pursuant to s.190(3), I have accepted an undertaking from Maryland Care & Early Education Centre Inc. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 31 December 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Maryland Care & Early Education Centre Inc. applied for the approval of the Maryland Care & Early Education Centre – Child Care & Miscellaneous Workers Agreement 2013-2015, in accordance with the Fair Work Act 2009. The application was opposed by the Health Services Union of Australia, which argued that the agreement did not comply with the requirements of the Act. The matter was heard in the Federal Circuit Court of Australia.

The legal issues before the court were whether the agreement met the criteria for approval under section 234 of the Act, including whether it provided for fair and reasonable terms and conditions of employment and whether it facilitated a cooperative and productive workplace. The court had to determine if the agreement was genuinely negotiated, provided for fair and reasonable terms, and if it facilitated a cooperative and productive workplace.

The court found that the agreement met the criteria for approval. It was genuinely negotiated, as evidenced by the negotiation process and the involvement of representatives from both parties. The agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and leave entitlements. The court also found that the agreement facilitated a cooperative and productive workplace by establishing a framework for resolving disputes and promoting collaboration between employers and employees. Accordingly, the court approved the application for the agreement.

The final order of the court was that the Maryland Care & Early Education Centre – Child Care & Miscellaneous Workers Agreement 2013-2015 be approved under section 234 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and the approval was to be published in the Commonwealth Gazette. The Health Services Union of Australia's opposition to the application was dismissed.

Maryland Care & Early Education Centre Inc.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established