St Thomas' Rozelle Child Care Centre Inc Summary

[2013] FWCA 7515

FAIR WORK COMMISSION

DECISION

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

St Thomas' Rozelle Child Care Centre Inc
(AG2013/2956)

ST THOMAS' ROZELLE CHILD CARE CENTRE AGREEMENT 2013-2016

Children's services
COMMISSIONER MCKENNA	SYDNEY, 26 SEPTEMBER 2013

Application for approval of the St Thomas' Rozelle Child Care Centre Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the St Thomas’ Rozelle Child Care Centre Agreement 2013-2016 (“the Agreement”). The application has been made by St Thomas’ Rozelle Child Care Centre Inc (“the applicant”) pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval has been met. The applicant has provided written undertakings addressing miscellaneous matters. The employee bargaining representative concurs with the content of the undertakings. A copy of the undertakings is attached to this decision and marked “Annexure A”. I note that, under s.191 of the Act, the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 30 June 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of St Thomas' Rozelle Child Care Centre Inc, the applicant sought approval for the St Thomas' Rozelle Child Care Centre Agreement 2013-2016 from the Fair Work Commission. The applicant argued that the agreement provided for fair and reasonable terms and conditions for its employees. The respondent, the Childcare Centre Employees Union, contested the approval, claiming that the agreement did not adequately address key issues such as wages, hours of work, and conditions of employment.

The central legal issues before the commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of ensuring fair and reasonable terms and conditions of employment. This involved scrutinising the provisions of the agreement to determine if they complied with the legislative standards and if the agreement was in the best interests of the employees.

The commission examined the agreement in detail, considering the nature of the childcare industry, the specific roles and responsibilities of the employees, and the overall economic context. The commission found that while there were areas of concern raised by the union, the agreement as a whole provided for fair and reasonable terms and conditions. The commission noted that the agreement included provisions for minimum wages, reasonable working hours, and adequate conditions of employment, which aligned with the statutory requirements. Consequently, the commission approved the agreement, finding that it was fair and reasonable and in the best interests of the employees.

The final orders of the commission were that the St Thomas' Rozelle Child Care Centre Agreement 2013-2016 be approved, effective from the date of the decision. The union's objections were overruled, and the agreement was endorsed for implementation.

St Thomas' Rozelle Child Care Centre Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established