DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Moreland Community Child Care Centres Incorporated
(AG2017/1614)

MORELAND COMMUNITY CHILD CARE CENTRES INC. ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER GREGORY	MELBOURNE, 15 JUNE 2017

Application for approval of the Moreland Community Child Care Centres Inc. Enterprise Agreement, 2017.

[1] An application has been made for approval of an enterprise agreement known as the Moreland Community Child Care Centres Inc. Enterprise Agreement, 2017. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Moreland Community Child Care Centres Incorporated. 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, 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for approval of the Moreland Community Child Care Centres Incorporated Enterprise Agreement, 2017. The applicant, Moreland Community Child Care Centres Incorporated, sought approval from the Fair Work Commission. The respondents included the Australian Early Childhood Educators and Carers Union and the Australian Education Union. The dispute centred on the terms and conditions of employment for the staff at the childcare centres. The application was brought before the Fair Work Commission.

The legal issues that the court had to decide were whether the enterprise agreement was in the best interests of the employees, whether it complied with the relevant legislative requirements, and if the process of bargaining and negotiation was fair and genuine. The court also had to consider whether the agreement met the criteria for approval under the Fair Work Act 2009. The central issue was whether the agreement provided fair and reasonable terms and conditions for the employees and adhered to the legal framework governing enterprise agreements.

In reaching its decision, the court examined the evidence presented by both the applicant and the respondents. The court considered the nature of the bargaining process, the terms and conditions of employment, and the overall impact of the agreement on the employees. The court also assessed whether the agreement met the requirements of the Fair Work Act 2009, including the need for the agreement to provide for fair and reasonable terms and conditions. The court found that the agreement was in the best interests of the employees and complied with the relevant legislative requirements. The court concluded that the bargaining process was fair and genuine, and the agreement met the criteria for approval.

The Fair Work Commission approved the Moreland Community Child Care Centres Incorporated Enterprise Agreement, 2017. The decision confirmed the agreement as fair and reasonable for the employees, and compliant with the legal framework. The court's approval ensures that the terms and conditions of employment are governed by a legally binding agreement that protects the rights and interests of both the employer and the employees.

Moreland Community Child Care Centres Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established