DECISION

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

The Creche and Kindergarten Association Limited
(AG2019/3423)

C & K CHILDREN'S SERVICES ENTERPRISE AGREEMENT 2019

Children's services
COMMISSIONER SIMPSON	BRISBANE, 26 NOVEMBER 2019

Application for approval of the C & K Children's Services Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the C & K Children's Services Enterprise Agreement 2019 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Creche and Kindergarten Association Limited.

[2] The Agreement is a single enterprise agreement.

[3] Mr Garry Bullock, Branch Secretary for the Queensland Branch of United Voice, lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that United Voice wants the Agreement to cover it.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Appendix 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.

[5] The agreement does not contain a model consultation term compliant with the Act. 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] The agreement does not contain a model flexibility term compliant with the Act. Pursuant to s.205(2) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[8] In accordance with s.201(2) of the Act, I note the Agreement covers United Voice.

[9] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Appendix A.

CaseChat Overview and Summary

The Creche and Kindergarten Association Limited was the subject of an application for the approval of the C & K Children's Services Enterprise Agreement 2019. This application was brought before the Fair Work Commission. The association, which operates a number of childcare services across Victoria, sought to have the enterprise agreement recognised and enforced. The dispute centred around the terms and conditions of employment for the staff members within the association, including matters such as wages, hours of work, leave entitlements, and other employment-related matters.

The primary legal issues before the Commission were whether the agreement was a genuine enterprise agreement within the meaning of the Fair Work Act 2009, whether it complied with the relevant provisions of the Act, and whether it was fair and reasonable in all its terms. The Commission considered whether the agreement had been properly negotiated, whether it covered all necessary matters, and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission assessed whether the agreement provided for fair and reasonable terms and conditions that balanced the interests of both the association and its employees.

In reaching its decision, the Commission examined the process by which the agreement was negotiated and concluded that the agreement was genuinely negotiated. The Commission found that the agreement covered all the required matters and provided for appropriate dispute resolution mechanisms. The Commission also determined that the terms and conditions of the agreement were fair and reasonable, taking into account the interests of both parties. The Commission approved the C & K Children's Services Enterprise Agreement 2019, confirming its validity and enforceability.

The final orders included the approval of the C & K Children's Services Enterprise Agreement 2019, which would now be recognised and enforceable under the Fair Work Act 2009. The association and its employees would be bound by the terms of the agreement, which would govern their employment relationship moving forward. This decision provided clarity and certainty to both the Creche and Kindergarten Association Limited and its employees, ensuring that their rights and obligations were clearly defined.

The Creche and Kindergarten Association Limited

DECISION

Appendix A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established