DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

St Mary's Child Care Centre Ltd
(AG2015/2099)

ST MARY CHILD CARE CENTRE LTD. EMPLOYEE AGREEMENT 2015

Children's services
VICE PRESIDENT CATANZARITI	SYDNEY, 18 MARCH 2015

Application for approval of the St Mary Child Care Centre Ltd. Employee Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the St Mary Child Care Centre Ltd. Employee Agreement 2015 (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] 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 is approved and, in accordance with s.54 of the Act, will operate from 25 March 2015. The nominal expiry date of the Agreement is 31 July 2017.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of St Mary's Child Care Centre Ltd concerned an application for the approval of the St Mary Child Care Centre Ltd. Employee Agreement 2015. The application was brought before the Fair Work Commission. The dispute centred around whether the terms of the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly in relation to the procedural fairness and the good faith bargaining obligations imposed on the parties.

The primary legal issues the court had to address were whether the application met the necessary standards for procedural fairness and whether the bargaining process adhered to the principles of good faith. The court needed to determine if the proposed agreement was the product of a genuine attempt at bargaining, free from coercion, and if it provided fair and reasonable terms for the employees.

The Fair Work Commission examined the evidence presented on the bargaining process and the content of the proposed agreement. The court found that the process had been conducted in good faith and that the terms of the agreement were fair and reasonable. The decision to approve the agreement was based on the satisfaction that the application met all statutory requirements, including the demonstration of procedural fairness and good faith in the negotiations.

The Fair Work Commission approved the St Mary Child Care Centre Ltd. Employee Agreement 2015, subject to certain conditions to ensure ongoing compliance with the Fair Work Act 2009. The decision was made in recognition of the parties' adherence to the legal standards for procedural fairness and good faith in the bargaining process.

St Mary's Child Care Centre Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established