DECISION

Fair Work Act 2009
s.185—Enterprise agreement

South Lake Child Care Centre Incorporated
(AG2017/585)

SOUTH LAKE CHILD CARE CENTRE ENTERPRISE AGREEMENT 2017

Children’s services
COMMISSIONER ROE	MELBOURNE, 9 MARCH 2017

Application for approval of the South Lake Child Care Centre Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the South Lake Child Care Centre Enterprise 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 South Lake Child Care Centre Incorporated. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement was approved on 9 March 2017 and, in accordance with s.54, will operate from 16 March 2017. The nominal expiry date of the Agreement is 9 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

South Lake Child Care Centre Incorporated sought approval of the 2017 Enterprise Agreement, which aimed to govern the terms and conditions of employment for its staff. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards. The central legal issues before the Commission involved whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of ensuring fair and reasonable terms of employment. Additionally, the Commission had to consider if the agreement provided for the proper protection of employees' rights and interests, and if the consultation process adhered to the necessary requirements. The Commission examined the content of the agreement, including wage rates, hours of work, leave entitlements, and dispute resolution mechanisms. It also assessed whether the agreement was made in good faith and whether there was adequate consultation with the employees.

Upon reviewing the evidence and submissions, the Commission found that the agreement largely met the statutory requirements. The wage rates and conditions were deemed to be fair and reasonable, and the agreement included adequate provisions for employee rights and dispute resolution. The Commission concluded that the consultation process was appropriate and that the agreement was made in good faith. Consequently, the Fair Work Commission approved the South Lake Child Care Centre Enterprise Agreement 2017. The approval ensures that the terms and conditions of employment for the staff are legally compliant and provide appropriate protections for all parties involved.

South Lake Child Care Centre Incorporated

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established