Tenterfield Child Care Centre Inc.

[2013] FWCA 7391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tenterfield Child Care Centre Inc.
(AG2013/9102)

TENTERFIELD CHILD CARE CENTRE ENTERPRISE AGREEMENT 2013

Educational services
VICE PRESIDENT LAWLER	SYDNEY, 24 SEPTEMBER 2013

Application for approval of the Tenterfield Child Care Centre Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Tenterfield Child Care Centre Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Tenterfield Child Care Centre Inc. 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 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Tenterfield Child Care Centre Incorporated, the applicant sought approval of the Tenterfield Child Care Centre Enterprise Agreement 2013. The dispute centred around the provisions of the Fair Work Act 2009 and the process by which such an agreement should be ratified. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement was a simple, low-risk enterprise agreement and if it complied with the procedural requirements of the Fair Work Act. The Commission needed to determine if the agreement met the criteria for a "low-risk" agreement, as defined in section 230 of the Fair Work Act, and if the correct procedures for its approval had been followed.

The Commission examined the terms of the agreement and concluded that it was indeed a low-risk agreement. The Commission noted that the agreement did not adversely affect employees' general conditions of employment and was consistent with the national system's safety net. The Commission also found that the procedural requirements were met, as the agreement had been voted on by the relevant employees, and the necessary documentation was provided. Consequently, the Commission approved the Tenterfield Child Care Centre Enterprise Agreement 2013.

The Commission's decision was upheld, and the agreement was approved, paving the way for its implementation within the Tenterfield Child Care Centre. The final orders reflected the Commission's approval of the agreement, and it was to take effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established