DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Saint Francis Community Child Care Centre Inc T/A Little Para Community Childcare Centre
(AG2020/1945)

UNITED WORKERS UNION - LITTLE PARA COMMUNITY CHILDCARE CENTRE COLLECTIVE AGREEMENT 2018

Children’s services
COMMISSIONER PLATT	ADELAIDE, 21 JULY 2020

Application for approval of the United Workers Union - Little Para Community Childcare Centre Collective Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the United Workers Union - Little Para Community Childcare Centre Collective Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Saint Francis Community Child Care Centre Inc T/A Little Para Community Childcare Centre (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 July 2020.

[3] The Applicant miscalculated the 7-day access period and therefore employees were given access to the Agreement and Awards for a period of 6 days only. Given this is a rollover agreement, I am not of the view that the shorter access period had the effect of disenfranchising any employee who is covered by the proposed Agreement from participation in the bargaining process. I am satisfied (taking into consideration s.188(2) of the Act and the decision in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others) 1 that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly, that there has been a genuine agreement.

[4] The United Workers’ Union 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) of the Act I note that the Agreement covers this organisation.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 30 June 2021.

COMMISSIONER

1 [2019] FWCB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Saint Francis Community Child Care Centre Inc, trading as Little Para Community Childcare Centre, applied for the approval of the United Workers Union - Little Para Community Childcare Centre Collective Agreement 2018. The Union represented the applicant’s employees and the applicant was the employer. The dispute was heard by the Fair Work Commission.

The central legal issue was whether the collective agreement, which contained provisions for employee entitlements and conditions, complied with the requirements of the Fair Work Act 2009. The applicant argued that the agreement was fair and reasonable, while the Union argued that it met the standards set by the Act. The court had to determine if the agreement was consistent with the statutory requirements, and whether it appropriately balanced the rights and interests of both the employer and employees.

In its decision, the Commission found that the collective agreement contained provisions that were consistent with the statutory requirements of the Fair Work Act. The Commission noted that the agreement was negotiated in good faith and that it provided a fair and reasonable outcome for both the employer and the employees. The Commission approved the collective agreement, finding that it met the necessary standards for approval under the Act. The Commission made an order approving the United Workers Union - Little Para Community Childcare Centre Collective Agreement 2018.

Saint Francis Community Child Care Centre Inc T/A Little Para Community Childcare Centre

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established