DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Creche & Kindergarten Association Ltd T/A C & K
(AG2016/7337)

C & K CHILDREN’S SERVICES ENTERPRISE AGREEMENT 2016

Children’s services
COMMISSIONER WILSON	MELBOURNE, 9 JANUARY 2017

Application for approval of the C & K Children’s Services Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the C & K Children’s Services Enterprise Agreement 2016 (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 & Kindergarten Association Ltd T/A C & K. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] The Australian Municipal, Administrative, Clerical and Services Union and 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Creche & Kindergarten Association Limited, trading as C & K, applied for the approval of the C & K Children’s Services Enterprise Agreement 2016. The applicant sought approval from the Fair Work Commission under the Fair Work Act 2009. The nature of the dispute centred around whether the proposed agreement was fair and reasonable for the employees covered by it.

The key legal issue for the Commission was to determine if the agreement met the criteria for being deemed as “better off overall” for the employees, taking into account factors such as wages, conditions, and the overall impact on the workforce. Additionally, the Commission had to consider if the agreement complied with the provisions of the Fair Work Act, including whether it was free from any unlawful content and whether it met the requirements for coverage and application of the agreement.

The Fair Work Commission found that the proposed agreement was fair and reasonable for the employees. The Commission concluded that the agreement provided employees with an overall improvement in wages and conditions, and it met the legal requirements for approval under the Fair Work Act. The Commission approved the agreement, finding it to be compliant with all relevant provisions and beneficial to the employees.

No further orders were required as the Commission's approval of the agreement constituted the final outcome of the application.

The Creche & Kindergarten Association Ltd T/A C & K

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established