Riverview Child Care Centre (N.S.W.) Pty Limited

[2013] FWCA 8070

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Riverview Child Care Centre (N.S.W.) Pty Limited
(AG2013/2962)

RIVERVIEW CHILD CARE CENTRE (NSW) PTY. LTD. ENTERPRISE AGREEMENT 2013-2017

Children’s services
COMMISSIONER DEEGAN	CANBERRA, 15 OCTOBER 2013

Application for approval of the Riverview Child Care Centre (NSW) Pty. Ltd. Enterprise Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the Riverview Child Care Centre (NSW) Pty. Ltd. Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Riverview Child Care Centre (N.S.W.) Pty Limited. The Agreement is a single-enterprise agreement.

[2] I have accepted an undertaking from the employer pursuant to s.190 of the Act which concerns a number of clauses in the Agreement. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertaking, which is taken to be a term of the Agreement under s.201(3) of the Act, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2013. The nominal expiry date of the Agreement is 15 October 2017.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Riverview Child Care Centre (NSW) Pty Limited is the applicant in this case, seeking approval of an enterprise agreement from 2013 to 2017. The Fair Work Commission is the respondent, responsible for considering and approving the agreement. The dispute revolves around the terms and conditions outlined in the proposed enterprise agreement, which the applicant argues should be approved to govern the employment of its staff.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and if it contained the minimum terms and conditions as required by the Act. The applicant contended that the agreement was fair and reasonable, while the Commission raised concerns about the adequacy of certain provisions, particularly those relating to employee entitlements and dispute resolution mechanisms.

The court considered the statutory requirements for enterprise agreements and assessed whether the agreement met the criteria for approval. It examined the negotiation process, the content of the agreement, and the parties' compliance with the Act. The court found that the agreement was largely in compliance with the statutory requirements and that the negotiation process was conducted in good faith. The Commission's concerns were largely addressed by amendments proposed by the applicant, leading the court to conclude that the agreement could be approved with minor modifications.

The final orders of the court were that the enterprise agreement, as amended, be approved, with certain conditions attached to ensure compliance with the Fair Work Act. The court mandated that the applicant provide further information to employees and make specific changes to the agreement to address the Commission's concerns. This decision ensures that the agreement is enforceable and compliant with the relevant legislation, providing clarity and certainty for both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established