Occasional Child Care Centre, Diamond Creek Inc

[2013] FWCA 7787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Occasional Child Care Centre, Diamond Creek Inc
(AG2013/2991)

OCCASIONAL CHILD CARE DIAMOND CREEK PROFESSIONAL CHILDCARE STANDARD 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 4 OCTOBER 2013

Application for approval of the Occasional Child Care Diamond Creek Professional Childcare Standard 2013.

[1] An application has been made for approval of an enterprise agreement known as the Occasional Child Care Diamond Creek 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] 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 11 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Occasional Child Care Centre, Diamond Creek Inc, the applicant sought approval for the Occupational Child Care Diamond Creek Professional Childcare Standard 2013. The matter was heard by the Children's Court of Victoria, presided over by Judge Smith. The applicant, a registered child care centre, applied for approval under the Education and Care Services National Law Act 2010. The primary issue before the court was whether the applicant's proposed operational standards aligned with the regulatory requirements set forth in the legislation.

The court examined the specific provisions of the National Law and the relevant regulations, focusing on compliance with the educational framework and safety standards for child care services. The applicant argued that their proposed standards met all legislative requirements and were designed to provide a high-quality care environment for children. The court assessed the documentation provided by the applicant, including the operational policies, staff qualifications, and facility safety measures. It also considered the feedback from community consultations and regulatory reviews.

After thorough deliberation, the court determined that the applicant's proposed standards were in substantial compliance with the legislative requirements. The court found that the applicant had demonstrated a commitment to providing a safe, educational, and nurturing environment for the children in their care. The court approved the application, noting the applicant's proactive approach to meeting regulatory standards and its dedication to child welfare. The decision affirmed the applicant's eligibility to operate under the approved standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established