Salamander Child Care Centre Inc. T/A Salamander Child Care Centre

[2017] FWCA 5896

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Salamander Child Care Centre Inc. T/A Salamander Child Care Centre

(AG2017/3131)

Salamander Child Care Centre - Child Care and Miscellaneous Workers Agreement 2017

Children's services
Commissioner McKinnon	MELBOURNE, 9 NOVEMBER 2017

Application for approval of the Salamander Child Care Centre - Child Care and Miscellaneous Workers Agreement 2017.

An application has been made for approval of an enterprise agreement known as the Salamander Child Care Centre – Child Care and Miscellaneous Workers Agreement 2017 (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. T/A Salamander Child Care Centre. The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 15 November 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The parties involved in this case are Salamander Child Care Centre Inc., trading as Salamander Child Care Centre, and the applicant, which sought approval of the Child Care and Miscellaneous Workers Agreement 2017. The dispute was heard in the Fair Work Commission, an Australian government body responsible for resolving workplace disputes and promoting fair work practices. The applicant, in this case, sought approval for the proposed agreement which aimed to set out the terms and conditions of employment for workers at the centre.

The legal issues the court needed to decide centred around whether the proposed agreement met the necessary requirements under the Fair Work Act 2009. The court had to assess if the agreement complied with the "better off overall test," which required that employees be no worse off financially and have at least the same rights as those under the relevant award or safety net award. The court also needed to determine whether the agreement had been properly certified as a Simple or Certified Agreement, as stipulated by the Act. Additionally, the court needed to ensure that the agreement did not contravene any provisions of the Fair Work Act or any other applicable law.

In reaching its decision, the Fair Work Commission examined the proposed agreement in detail. The Commission found that the agreement did meet the better off overall test, as employees would not be worse off financially and would retain at least the same rights as those under the relevant award. The Commission also confirmed that the agreement had been properly certified and did not contravene any provisions of the Fair Work Act or other applicable law. Therefore, the court approved the proposed agreement, allowing it to come into effect as the terms and conditions of employment for workers at the Salamander Child Care Centre.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established