St Mary's Child Care Centre Ltd

[2019] FWCA 2769

[2019] FWCA 2769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

St Mary's Child Care Centre Ltd
(AG2018/6137)

ST MARY'S CHILD CARE CENTRE EMPLOYEE ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER CIRKOVIC	MELBOURNE, 24 APRIL 2019

Application for approval of the St Mary's Child Care Centre Employee Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the St Mary’s Child Care Centre Employee Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by St Mary’s Child Care Centre Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

- 19.6(iv);

- 25.5; and

- 26.1(b)(ii).

[4] However, noting clause 3.3 of the Agreement, I am satisfied that the beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[6] The Agreement was approved on 24 April 2019 and, in accordance with s.54, will operate from 1 May 2019. The nominal expiry date of the Agreement is 30 June 2020.

COMMISSIONER

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Annexure A