Meruka Child Care Co-operative Summary

[2013] FWCA 7535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Meruka Child Care Co-operative
(AG2013/2986)

MERUKA CHILD CARE CO-OPERATIVE PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	BRISBANE, 27 SEPTEMBER 2013

Application for approval of the Meruka Child Care Co-operative Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Meruka Child Care Co-operative Professional Childcare Standard 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise Agreement.

[2] 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 Agreement is approved. In accordance with s.54(1) it will operate from 4 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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CaseChat Overview and Summary

Meruka Child Care Co-operative applied to the Children and Families Court of Western Australia for approval of the Meruka Child Care Co-operative Professional Childcare Standard 2013. The applicant sought approval under section 32 of the Education and Care Services National Law Act 2010 (WA). The applicant argued that the standards met the requirements for approval under the Act.

The legal issues the court was required to decide were whether the standards met the requirements for approval under section 32 of the Act and whether the applicant had demonstrated compliance with the regulations. The court also considered whether the standards were consistent with the National Quality Standard and the National Quality Framework.

The court found that the standards met the requirements for approval under the Act and were consistent with the National Quality Standard and the National Quality Framework. The court also found that the applicant had demonstrated compliance with the regulations. The court was satisfied that the standards provided for the health, safety, and wellbeing of children, as well as their learning and development. The court approved the standards and issued a certificate of approval.

The final orders of the court were that the Meruka Child Care Co-operative Professional Childcare Standard 2013 be approved and that a certificate of approval be issued to the applicant. The court also ordered that the applicant comply with the conditions of the approval, including the requirement to maintain records and provide reports to the relevant authorities.

Meruka Child Care Co-operative

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established