DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Stewart Child Care Services Inc T/A Stewart Child Care
(AG2018/5631)

STEWART CHILD CARE SERVICES ENTERPRISE AGREEMENT 2018

Children's services
COMMISSIONER BISSETT	MELBOURNE, 27 MARCH 2019

Application for approval of the Stewart Child Care Services Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Stewart Child Care Services Enterprise Agreement 2018 (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 T/A Stewart Child Care. The Agreement is a single enterprise agreement.

[2] The Employer 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] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[4] Subject to the Undertakings, 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.

[5] 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.

[6] United Voice being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 April 2019. The nominal expiry date of the Agreement is 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Stewart Child Care Services Inc, trading as Stewart Child Care, applied for the approval of the Stewart Child Care Services Enterprise Agreement 2018. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary concern was whether the agreement provided for terms and conditions of employment that were no worse off and reasonably comparable to the relevant national workplace determination.

The legal issues centred on whether the agreement was a "better off overall test" compliant enterprise agreement. This required the Commission to consider whether the agreement provided for terms and conditions that were not worse off, overall, than those provided by the relevant national workplace determination, and whether it contained terms that were reasonably comparable. The Commission also needed to ensure that the agreement was made in good faith and did not discriminate against employees on prohibited grounds.

In examining the agreement, the Commission found that it contained terms that were not worse off overall than those in the relevant national workplace determination. It also contained provisions that were reasonably comparable, and the agreement was made in good faith. The Commission was satisfied that the agreement did not discriminate against employees on prohibited grounds and met the criteria for approval. Consequently, the Commission approved the Stewart Child Care Services Enterprise Agreement 2018.

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