Moreland Community Child Care Centres Incorporated
[2022] FWCA 1027
•23 MARCH 2022
| [2022] FWCA 1027 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Moreland Community Child Care Centres Incorporated
(AG2022/547)
Moreland Community Child Care Centres Inc. Enterprise Agreement 2021
| Children’s services | |
| DEPUTY PRESIDENT YOUNG | MELBOURNE, 23 MARCH 2022 |
Application for approval of the Moreland Community Child Care Centres Inc. Enterprise Agreement 2021
Moreland Community Child Care Centres Incorporated (the Employer) has made an application for approval of an enterprise agreement known as the Moreland Community Child Care Centres Inc. Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
The Notice of Representational Rights (NERR) was not provided to employees within 14 days as required by section 173(3) of the Act. The Employer provided submissions as to this error on 11 March 2022. I am satisfied having regard to those submissions and the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others[1] (Huntsman) that this constitutes a minor technical or procedural error for the purposes of s 188(2)(a) of Act. Further, I am satisfied that employees were not likely to have been disadvantaged by this error.
Accordingly, notwithstanding the matters identified in paragraph [2] above, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2).
The Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application, and the 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.
The Australian Education Union, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.
The Agreement was approved on 23 March 2022 and, in accordance with s 54, will operate from 30 March 2022. The nominal expiry date of the Agreement is 30 June 2023.
DEPUTY PRESIDENT
Annexure A
[1] [2019] FWCFB 318
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