DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ms Jane Pines
(AG2018/6555)

PENNANT HILLS WAR MEMORIAL CHILDREN'S CENTRE ASSOCIATION INC. CHILD CARE EMPLOYEE COLLECTIVE AGREEMENT 2017

Children's services
COMMISSIONER CIRKOVIC	MELBOURNE, 27 MARCH 2019

Application for approval of the Pennant Hills War Memorial Children's Centre Association Inc. Child Care Employee Collective Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Pennant Hills War Memorial Children’s Centre Association Inc. Child Care Employee Collective 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 Ms Jane Pines. The Agreement is a single enterprise agreement.

[2] The Employer 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] The Agreement was approved on 27 March 2019 and, in accordance with s.54, will operate from 3 April 2019. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of Ms Jane Pines, the applicant sought approval of the Pennant Hills War Memorial Children's Centre Association Inc. Child Care Employee Collective Agreement 2017. The matter was heard in the Fair Work Commission, where the applicant argued for the endorsement of the collective agreement, which was intended to govern the employment conditions for child care employees at the Pennant Hills War Memorial Children's Centre.

The primary legal issue before the Commission was whether the collective agreement complied with the relevant statutory requirements and if it met the necessary standards for approval. This involved examining the provisions of the Fair Work Act 2009 and ensuring that the agreement did not contravene any provisions of the Fair Work (Registered Organisations) Act 2009 or any other applicable legislation. Additionally, the Commission considered whether the agreement provided for the fair and equitable treatment of the employees, and if it addressed their needs and interests adequately.

The Commission determined that the agreement in question was largely compliant with the statutory requirements and met the necessary standards for approval. The Commission noted that the agreement contained provisions that addressed the key employment conditions and terms for the child care employees, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that these provisions were fair and reasonable, and did not contravene any provisions of the relevant legislation. Furthermore, the Commission considered that the agreement provided for the fair and equitable treatment of the employees and addressed their needs and interests adequately. Consequently, the Commission approved the collective agreement, subject to certain minor amendments to address specific concerns raised during the hearing.

Ms Jane Pines

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established