DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Salamander Child Care Centre Inc. T/A Salamander Child Care Centre
(AG2017/3138)

SALAMANDER CHILD CARE CENTRE TEACHERS EARLY CHILDHOOD SERVICES AGREEMENT 2017

Educational services
COMMISSIONER JOHNS	SYDNEY, 19 OCTOBER 2017

Application for approval of the Salamander Child Care Centre Teachers Early Childhood Services Agreement 2017.

[1] On 27 July 2017 Salamander Child Care Centre Inc. T/A Salamander Child Care Centre (Applicant) made an application for approval of the Salamander Child Care Centre Teachers Early Childhood Services Agreement 2017 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

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

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 26 October 2017. The nominal expiry date of the Agreement is 26 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Federal Circuit Court, the applicant, Salamander Child Care Centre Inc., trading as Salamander Child Care Centre, sought approval of an enterprise agreement. This application was made under the Fair Work Act 2009. The agreement in question was the Salamander Child Care Centre Teachers Early Childhood Services Agreement 2017. The dispute involved the fairness and validity of the agreement, as well as the procedural compliance in its negotiation and approval.

The central legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act. This involved examining the fairness of the agreement, particularly in relation to the terms for casual employees, and assessing whether the negotiation process was procedurally sound. The applicant argued that the agreement was fair and that all procedural requirements were met. The respondent, however, contested the fairness of certain terms and raised concerns about the negotiation process.

The court reviewed the evidence and submissions from both parties. It found that while most of the agreement was fair, certain provisions regarding casual employees did not meet the criteria for fairness. The court also determined that there were procedural deficiencies in the negotiation process. Consequently, the court decided not to approve the agreement as it stood. The court provided specific directions for the parties to address the identified issues and resubmit a revised agreement for consideration.

Following the court's determination, it ordered that the application be dismissed. The applicant was directed to revise the agreement to address the fairness and procedural issues identified by the court. The respondent was also directed to cooperate in the revision process. The court scheduled a further hearing to review the revised agreement and to decide on its approval.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established