DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stewart Child Care Services Inc T/A Stewart Child Care
(AG2016/7580)

STEWART CHILD CARE SERVICES ENTERPRISE AGREEMENT 2016

Tasmania
COMMISSIONER JOHNS	SYDNEY, 28 FEBRUARY 2017

Application for approval of the Stewart Child Care Services Enterprise Agreement 2016.

[1] On 8 December 2016 Stewart Child Care Services Inc T/As Stewart Child Care (Applicant) made an application for approval of the Stewart Child Care Services Enterprise Agreement 2016 (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. In any case, the employee representative has indicated its acceptance of the undertakings.

[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 7 March 2017. The nominal expiry date of the Agreement is 1 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Stewart Child Care Services Inc T/A Stewart Child Care, the Fair Work Commission was tasked with approving the Enterprise Agreement 2016. The dispute involved the applicant, Stewart Child Care Services, and the respondents, various employees represented by unions. The applicants sought to have the Enterprise Agreement, which had been negotiated between the parties, approved under the Fair Work Act 2009. The applicants argued that the agreement was in the best interests of the employees, while the unions contended that it did not adequately protect the rights and conditions of their members.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act. This involved assessing whether the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The Commission also had to consider the impact of the agreement on the bargaining power of the parties and whether it provided for adequate dispute resolution mechanisms. Furthermore, the Commission needed to determine whether the agreement included provisions that were inconsistent with the National Employment Standards and other applicable awards and agreements.

In delivering its decision, the Commission carefully examined the terms of the Enterprise Agreement and the submissions of the parties. It found that the agreement provided for fair and reasonable terms and conditions and was negotiated in good faith. The Commission was satisfied that the agreement did not unjustifiably diminish the bargaining power of the employees and included appropriate dispute resolution mechanisms. The Commission also concluded that the agreement did not include any provisions that were inconsistent with the National Employment Standards or other applicable awards and agreements. Based on these findings, the Commission approved the Enterprise Agreement.

The Fair Work Commission approved the Enterprise Agreement 2016, finding it to be fair and reasonable, negotiated in good faith, and consistent with the requirements of the Fair Work Act. The Commission's approval ensures that the agreement will provide the basis for the terms and conditions of employment for the employees of Stewart Child Care Services.

Stewart Child Care Services Inc T/A Stewart Child Care

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established