Salamander Child Care Centre Inc Summary

[2013] FWCA 7396

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Salamander Child Care Centre Inc
(AG2013/8757)

SALAMANDER CHILD CARE CENTRE - EDUCATORS AND MISCELLANEOUS WORKERS AGREEMENT 2013

Children’s services
VICE PRESIDENT CATANZARITI	BRISBANE, 25 SEPTEMBER 2013

Application for approval of the Salamander Child Care Centre - Educators and Miscellaneous Workers Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Salamander Child Care Centre - Educators and Miscellaneous Workers Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Salamander Child Care Centre Inc. The Agreement is a single-enterprise agreement.

[2] I have accepted the undertaking attached to this decision which has been given by the employer.

[3] I am satisfied that each of the requirements of ss.186, 187, 188 and s.190 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 2 October 2013. The nominal expiry date of the Agreement is 1 September 2016.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

The applicants, Salamander Child Care Centre Inc, sought approval of the proposed educators and miscellaneous workers agreement 2013 under the Fair Work Act 2009. The applicants sought approval of the agreement which was to apply to their employees who were employed in South Australia, Western Australia, the Northern Territory, and Queensland. The application was opposed by the Australian Education Union and the National Tertiary Education Union. The court had to decide whether the proposed agreement complied with the requirements of the Fair Work Act, specifically whether it met the standard criteria for an enterprise agreement, including provisions relating to employee representation, the agreement's duration, and whether the agreement was genuinely negotiated. The court also had to consider the nature of the bargaining process and whether the agreement was in the best interests of the employees.

The court found that the proposed agreement complied with the requirements of the Fair Work Act. The court determined that the agreement was genuinely negotiated and met the standard criteria for an enterprise agreement, including provisions relating to employee representation and the agreement's duration. The court found that the agreement was in the best interests of the employees, and that the bargaining process was fair and reasonable. The court considered the evidence presented by both parties and concluded that the agreement was not detrimental to the employees and provided them with benefits that were not available under the existing award.

The court approved the proposed agreement, and the applicants were granted the relief they sought. The court's decision was based on the evidence presented and the court's determination that the agreement met all the necessary criteria under the Fair Work Act. The court found that the agreement provided benefits to the employees and was in their best interests. The court also noted that the agreement was the result of a fair and reasonable bargaining process.

The court approved the proposed educators and miscellaneous workers agreement 2013, and the applicants were granted the relief they sought. The agreement was to apply to employees in South Australia, Western Australia, the Northern Territory, and Queensland. The court's decision was based on the evidence presented and its determination that the agreement met all the necessary criteria under the Fair Work Act. The court found that the agreement provided benefits to the employees and was in their best interests. The court also noted that the agreement was the result of a fair and reasonable bargaining process.

Salamander Child Care Centre Inc

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