Mawson Lakes Park Way Child Care Centre Incorporated

[2019] FWCA 8029

[2019] FWCA 8029

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Mawson Lakes Park Way Child Care Centre Incorporated
(AG2019/3775)

SA UNITED VOICE - MAWSON LAKES PARK WAY CHILD CARE CENTRE INCORPORATED COLLECTIVE AGREEMENT 2018

Children’s services
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 NOVEMBER 2019

Application for approval of the SA United Voice - Mawson Lakes Park Way Child Care Centre Incorporated Collective Agreement 2018.

[1] Mawson Lakes Park Way Child Care Centre Incorporated has applied for approval of a single enterprise agreement known as the SA United Voice - Mawson Lakes Park Way Child Care Centre Incorporated Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about the form of the application and whether the Agreement contravenes s.55 of the Act and passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The Applicant sought to correct an error in the original application, which was explained as typographical in nature, by filing an amended application. In the circumstances, I am satisfied that this correction should be allowed and that it is appropriate to do so pursuant to s.586 of the Act.

[4] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The bargaining representative did not oppose the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[5] Noting clause 1.9.2 of the Agreement, I am satisfied that the more beneficial entitlements of the National Employment Standards in the Act (NES) will prevail where there is an inconsistency between the Agreement and the NES.

[6] On the basis of the material contained in the amended application, further information provided on request of the Commission and the Undertakings, 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.

[7] The United Worker’s Union (formally United Voice), being a bargaining representative for the Agreement, has given notice under s.183 of the Act. In accordance with s.201(2) I note that the Agreement covers this organisation.

[8] The Agreement was approved on 26 November 2019 and, in accordance with s.54, will operate from 3 December 2019. The nominal expiry date of the Agreement is 30 June 2021.

DEPUTY PRESIDENT

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Annexure A