Nina Hefford

[2013] FWCA 7774

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Nina Hefford
(AG2013/2639)

LEAD CHILDCARE ENTERPRISE AGREEMENT 2013-2015

Children’s services
VICE PRESIDENT CATANZARITI	SYDNEY, 4 OCTOBER 2013

Application for approval of the Lead Childcare Enterprise Agreement 2013-2015.

[1] An application has been made for approval of an enterprise agreement known as the Lead Childcare Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Nina Hefford. The agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 as are relevant to this application for approval have been met.

[4] 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), I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Nina Hefford, acting on behalf of the Australian Childcare Alliance, sought approval of the Lead Childcare Enterprise Agreement 2013-2015. The dispute arose from disagreements about the terms and conditions of the agreement between the applicant and the respondent, the Australian Childcare Alliance. The Fair Work Commission was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement contained provisions that unfairly disadvantaged employees, which would render it unacceptable for approval. The Commission had to assess if the agreement complied with the provisions of the Fair Work Act, including provisions relating to minimum wages and conditions, the treatment of employees, and procedural fairness. Specifically, the Commission needed to determine if the agreement appropriately balanced the interests of both employers and employees.

The Commission found that the agreement did not unfairly disadvantage employees and contained provisions that appropriately balanced the interests of both parties. The Commission noted that the agreement provided for fair wages and conditions, and that it included mechanisms for resolving disputes and addressing employee concerns. The agreement was deemed to be procedurally fair and compliant with the requirements of the Fair Work Act. Consequently, the Commission approved the Lead Childcare Enterprise Agreement 2013-2015.

The Fair Work Commission approved the Lead Childcare Enterprise Agreement 2013-2015, finding it to be fair and balanced, and compliant with the Fair Work Act. The agreement was to be in effect from the date of the Commission's decision, and both parties were required to adhere to its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established