Salamander Bay Child Care Centre Inc
[2023] FWCA 1361
•24 MAY 2023
| [2023] FWCA 1361 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Salamander Bay Child Care Centre Inc
(AG2023/383)
SALAMANDER CHILD CARE CENTRE INC. TEACHERS EARLY CHILDHOOD SERVICES, CHILD CARE AND MISCELLANEOUS WORKERS AGREEMENT 2023
| Educational services | |
| COMMISSIONER MCKINNON | SYDNEY, 24 MAY 2023 |
Application for approval of the Salamander Child Care Centre Inc. Teachers Early Childhood Services, Child Care and Miscellaneous Workers Agreement 2023
Salamander Bay Child Care Centre Inc has applied for approval of a single enterprise agreement known as the Salamander Child Care Centre Inc. Teachers Early Childhood Services, Child Care and Miscellaneous Workers Agreement 2023 (the Agreement).
There were deficiencies in relation to the agreement-making process and the requirement to give notice of the vote. Further, the application for approval of the Agreement was not lodged within 14 days after the Agreement was made in accordance with section 185(3)(a) of the Fair Work Act 2009 (Cth).
In the circumstances, I am satisfied that the Agreement would have been genuinely agreed to but for minor procedural errors including a failure to properly give notice of the vote before the voting period opened. The level of participation in the vote and the total voting period made available to employees satisfies me that employees were not likely to have been disadvantaged by the errors. On this basis I am satisfied that the Agreement was genuinely agreed to by the employees. I also consider it fair to extend the period for making the application based on the explanation provided.
Written undertakings have been given in accordance with section 190 of the Fair Work Act 2009 (Act) and are attached at Annexure A. I am satisfied that the undertakings are not likely to cause financial detriment to any employee covered by the Agreement and do not result in substantial changes to the Agreement. The undertakings are taken to be terms of the Agreement.
With the undertakings now given, I am satisfied that each of the requirements of sections 186, 187, 188 and 190 of the Act, as are relevant to this application for approval, have been met.
The Agreement is approved and will operate from 31 May 2023. The nominal expiry date of the Agreement is 24 May 2026.
COMMISSIONER
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Annexure A
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