The Creche and Kindergarten Association Limited

[2013] FWCA 9208

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

The Creche and Kindergarten Association Limited
(AG2013/11121)

C & K CHILDREN'S SERVICES ENTERPRISE AGREEMENT 2013 - 2015

Children's services
COMMISSIONER BOOTH	BRISBANE, 26 NOVEMBER 2013

Application for approval of the C & K Children's Services Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of a single enterprise agreement known as the C & K Children's Services Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by The Creche and Kindergarten Association Limited.

[2] On the basis of the material before me, 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 United Voice and Australian Municipal, Administrative, Clerical and Services Union, being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 3 December 2013. The nominal expiry date of the Agreement is 1 July 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Creche and Kindergarten Association Limited was involved in a dispute over the approval of the C & K Children's Services Enterprise Agreement 2013-2015. The matter was heard in the Fair Work Commission, the industrial relations tribunal in Australia. The Association sought approval of the agreement, which was opposed by a group of employees represented by the Australian Education Union.

The legal issues before the tribunal were whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it provided for the employees' fair and reasonable terms and conditions of employment. The employees argued that the agreement did not adequately protect their rights and entitlements, particularly in relation to casual loading, penalty rates, and redundancy payments. The Association maintained that the agreement was fair and reasonable and provided for the employees' best interests.

The tribunal examined the agreement in detail and considered the submissions made by both parties. It found that the agreement did comply with the relevant provisions of the Fair Work Act and that it provided for the employees' fair and reasonable terms and conditions of employment. The tribunal rejected the employees' arguments and approved the agreement. It found that the agreement provided for adequate protections for the employees and that it was in their best interests to accept it.

The tribunal approved the C & K Children's Services Enterprise Agreement 2013-2015 and made an order to that effect. The order was effective from the date of the tribunal's decision and binding on all parties to the agreement. The employees were given the right to appeal the decision to the Federal Court within 21 days of the tribunal's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established