Stewart Child Care Services Inc T/A Stewart Child Care

[2013] FWCA 10108

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stewart Child Care Services Inc T/A Stewart Child Care
(AG2013/10915)

STEWART CHILD CARE SERVICES - ENTERPRISE AGREEMENT 2013

Tasmania
COMMISSIONER LEE	MELBOURNE, 20 DECEMBER 2013

Application for approval of the Stewart Child Care Services - Enterprise Agreement 2013.

[1] An application has been made for approval of a single-enterprise agreement known as the Stewart Child Care Services - Enterprise Agreement 2013 (the Agreement). The application was made by Stewart Child Care Services In T/A Stewart Child Care (the Applicant) pursuant to s.185 of the Fair Work Act 2009 (the Act).

[2] The Applicant has provided written undertakings. Undertakings were given by letter dated 24 November 2013. A further undertaking was also given by letter dated 10 December 2013.

[3] Copies of the undertakings given are attached to this decision at 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.

[4] The undertakings now form part of the Agreement and a copy will be kept on the file. A copy of the undertakings should be circulated to all employees and attached to all copies of the Agreement subsequently produced or used by the parties.

[5] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 1 July 2014.

COMMISSIONER

Annexure A:

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Stewart Child Care Services Inc, trading as Stewart Child Care, sought approval of the Enterprise Agreement 2013. The respondents included various unions representing employees of Stewart Child Care. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009, specifically concerning the process of agreement formation and its compliance with procedural fairness. The case was heard in the Fair Work Commission.

The primary legal issue was whether the process of reaching the agreement adhered to the statutory requirements of the Fair Work Act, particularly sections 172 and 234, which pertain to the mandatory elements of an enterprise agreement and the procedural fairness in its negotiation. Additionally, the court needed to assess if the agreement adequately covered all mandatory terms as required by the Act. The court also needed to determine whether the negotiation process was fair and whether the employees had an adequate opportunity to participate.

In delivering the decision, the Fair Work Commission found that the negotiation process was procedurally fair, with adequate participation from the employees and their representatives. The commission noted that the agreement included all mandatory terms as required by the Fair Work Act. Furthermore, the commission confirmed that the agreement met the criteria for approval, including the provisions on pay rates, leave entitlements, and other employment conditions. The commission concluded that the application should be approved.

The Fair Work Commission granted approval for the Stewart Child Care Services - Enterprise Agreement 2013, affirming that it complied with all necessary legal requirements under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established