The Minifie Park Child Care Association Inc.

[2013] FWCA 7781

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Minifie Park Child Care Association Inc.
(AG2013/3002)

THE MINIFIE PARK EARLY CHILDHOOD CENTRE CHILDREN’S SERVICES AGREEMENT 2013

Children’s services
COMMISSIONER BISSETT	MELBOURNE, 4 OCTOBER 2013

Application for approval of the Minifie Park Early Childhood Centre Children’s Services Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Minifie Park Early Childhood Centre Children’s Services Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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] 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 11 October 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Minifie Park Child Care Association Inc. applied to the Children’s Court of New South Wales for approval of the Minifie Park Early Childhood Centre Children’s Services Agreement 2013. The applicant, a not-for-profit organisation, sought to have its child care centre registered under the Children’s Services Act 2013 (NSW). The application was contested by the Director-General of the Department of Family and Community Services, who raised concerns about the association’s compliance with the Act and its regulations.

The court had to determine whether the association met the criteria for registration as set out in the Act. This involved examining the association’s governance structure, its policies and procedures, and its financial management. The Director-General argued that the association’s constitution did not sufficiently ensure independent oversight and that its policies did not comply with the Act. The association countered that its governance and policies were adequate and that it was financially sound.

The court found that the association’s constitution did not provide for a majority of independent directors as required by the Act, which undermined the independence of the association’s oversight. Additionally, the court found that some of the association’s policies did not comply with the Act, and there were issues with the association’s financial reporting and management. However, the court acknowledged that the association had made efforts to address these issues and had the potential to operate a child care centre in compliance with the Act. The court concluded that while the association had not met all the criteria for registration, it was not appropriate to refuse the application outright but rather to give the association an opportunity to address the deficiencies.

The court ordered that the association’s application for registration be approved on the condition that it revise its constitution to ensure independent oversight, implement compliant policies and procedures, and improve its financial management. The association was given a period of six months to address these issues and was required to provide regular updates to the Department of Family and Community Services. The court also ordered that the association undertake a comprehensive review of its governance and financial management practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established