DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stewart Child Care Services Inc T/A Stewart Child Care
(AG2015/514)

STEWART CHILD CARE SERVICES -ENTERPRISE AGREEMENT 2014

Tasmania
COMMISSIONER LEE	MELBOURNE, 27 MARCH 2015

Application for approval of the Stewart Child Care Services -Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the Stewart Child Care Services - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Stewart Child Care Services Inc. The Agreement is a single enterprise agreement.

[2] The Applicant 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] 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 27 March 2015 and, in accordance with s.54, will operate from 3 April 2015. The nominal expiry date of the Agreement is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Stewart Child Care Services Enterprise Agreement 2014. The applicant, Stewart Child Care Services Inc, sought the approval of the agreement which had been negotiated between the company and its employees. The nature of the dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The legal issues before the court revolved around the compliance of the Stewart Child Care Services Enterprise Agreement 2014 with the Fair Work Act 2009. Specifically, the court needed to determine if the agreement contained all the required provisions, if it was free from prohibited content, and if it met the minimum standards for wages and conditions. Furthermore, the court had to assess if the agreement was the product of genuine bargaining between the parties.

In reaching its decision, the Fair Work Commission examined the contents of the agreement and the process by which it was negotiated. The Commission found that the agreement contained all necessary provisions and was free from prohibited content. It also met the minimum standards for wages and conditions. Importantly, the Commission was satisfied that the agreement was the result of genuine bargaining, as evidenced by the participation of both parties in the negotiation process. Consequently, the Fair Work Commission approved the Stewart Child Care Services Enterprise Agreement 2014.

Stewart Child Care Services Inc T/A Stewart Child Care

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established