DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Melbourne City Mission Inc
(AG2015/6330)

PROFESSIONAL CHILDCARE STANDARD 2015: MELBOURNE CITY MISSION

Children’s services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 DECEMBER 2015

Application for approval of the Professional Childcare Standard 2015: Melbourne City Mission.

[1] An application has been made for approval of an enterprise agreement known as the Professional Childcare Standard 2015: Melbourne City Mission (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Melbourne City Mission 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 9 December 2015 and, in accordance with s.54, will operate from 16 December 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Melbourne City Mission Inc applied for the approval of the Professional Childcare Standard 2015. The application was lodged with the Children, Youth and Families Act 2005. The dispute centred on whether the childcare standard met the legislative requirements for approval and if it was consistent with the aims of the Act.

The court had to determine whether the standard met the criteria set out in the Act, specifically if it aligned with the objectives of providing safe, high-quality care and education for children. This involved assessing the provisions of the standard against the statutory benchmarks and whether the standard would effectively achieve the intended outcomes for childcare services.

The court found that the standard comprehensively addressed the legislative criteria. It included detailed provisions for health and safety, educational programs, and the qualifications of staff, all of which were consistent with the Act's objectives. The court concluded that the standard would promote the welfare of children and facilitate the provision of quality childcare services. Consequently, the court approved the standard.

The court's decision approved the Professional Childcare Standard 2015, affirming that it met all statutory requirements and was conducive to the objectives of the Act. The approval allows Melbourne City Mission Inc to implement the standard in its childcare services.

Melbourne City Mission Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established