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

[2020] FWCA 3787

[2020] FWCA 3787

FAIR WORK COMMISSION

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

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