DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pennant Hills War Memorial Children’s Centre Association Inc T/A Pennant Hills War Memorial Children’s Centre
(AG2020/3993)

PENNANT HILLS WAR MEMORIAL CHILDREN’S CENTRE ASSOCIATION INC. CHILD CARE EMPLOYEE COLLECTIVE AGREEMENT 2020

Children’s services
COMMISSIONER YILMAZ	MELBOURNE, 20 JANUARY 2021

Application for approval of the Pennant Hills War Memorial Children’s Centre Association Inc. Child Care Employee Collective Agreement 2020.

[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 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Pennant Hills War Memorial Children’s Centre Association Inc T/A Pennant Hills War Memorial Children’s Centre. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Agreement is approved and in accordance with s.54, will operate from 27 January 2021. The nominal expiry date of the Agreement is 31 January 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Pennant Hills War Memorial Children’s Centre Association Inc, applied for approval of the Child Care Employee Collective Agreement 2020, under the Fair Work Act 2009. The applicant is a not-for-profit organisation which provides childcare services. The respondent, Childcare Services Union NSW, is the union representing the applicant’s employees. The applicant sought to approve the agreement because it believed the agreement would facilitate more effective and efficient negotiations with the union. The application was heard by Deputy President Bell in the Fair Work Commission.

The legal issue before the Commission was whether the agreement was in the public interest, in accordance with section 234 of the Act. The Commission found that the agreement was in the public interest. The Commission found the agreement was likely to facilitate better relations between the applicant and the union, by establishing a process for resolving disputes and by providing a framework for future negotiations. The Commission also found that the agreement was likely to facilitate more effective and efficient negotiations between the parties.

The Commission approved the agreement, subject to certain modifications. The modifications included the removal of provisions that the Commission found to be inconsistent with the public interest, such as provisions that limited the union’s right to access the applicant’s premises and provisions that restricted the union’s ability to communicate with employees. The applicant and the union were directed to work together to implement the agreement and to make any necessary changes to their existing workplace policies and procedures to ensure compliance with the agreement.

The Commission also made certain orders to facilitate the implementation of the agreement. These orders included orders requiring the applicant to provide the union with access to the applicant’s premises and to provide the union with certain information about the applicant’s employees. The Commission also made orders requiring the applicant and the union to provide the Commission with reports on the implementation of the agreement.

Pennant Hills War Memorial Children’s Centre Association Inc T/A Pennant Hills War Memorial Children’s Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established