DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Queen Elizabeth Hospital Community Child Care Centre Inc
(AG2019/6)

THE QUEEN ELIZABETH HOSPITAL COMMUNITY CHILD CARE CENTRE ENTERPRISE AGREEMENT 2018

Children’s services
COMMISSIONER PLATT	ADELAIDE, 16 AUGUST 2019

Application for approval of The Queen Elizabeth Hospital Community Child Care Centre Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as The Queen Elizabeth Hospital Community Child Care Centre Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Queen Elizabeth Hospital Community Child Care Centre Inc. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 17 July 2019.

[3] On 23 July and 5 August 2019, I conducted telephone conferences with the parties to seek clarification about aspects of the Agreement. The Applicant was represented by Ms Yvette Stewart of Business SA and Mr Chris Zammit from United Voice who appeared as a Union Bargaining Representative.

[4] The Applicant has submitted an undertaking in the required form dated 15 August 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• The Applicant has confirmed the workplaces covered by the Agreement in clause 1.4.

• The Applicant has confirmed that the Agreement is read in conjunction with the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2010.

• Clause 4.5.3.2 of the Agreement has been varied to allow casual employees access to unpaid leave under the NES.

• Clause 5.4.1(c) of the Agreement has been varied to remove the Australian Retirement Fund as an option owing to it, as this fund is no longer available.

• Clause 6.5.3 of the Agreement has been varied to allow for the payment of accrued time off in lieu (TOIL) upon termination.

• Clause 7.4.4.2 of the Agreement has been varied with respect as to the interaction of personal leave and annual leave.

• Clause 7.8.2 of the Agreement has been varied to provide that parental leave will be in accordance with the NES.

• Clause 7.1.1 of the Agreement has been varied to provide that all employees (other than casual employees) will be entitled to 4 weeks and 2 days annual leave, so as to be consistent with representations made to employees during the access period.

• A definition of shift worker has been included together with details of shift penalties, loadings and overtime.

• A minimum engagement of four hours will apply to work performed by shift workers on Saturday, Sunday or a public holiday.

• Clause 6.3.1.2 of the Agreement has been varied to provide penalties for work performed outside of ordinary hours.

• The Applicant has undertaken not to operate in a standalone out of school hours or vacation care centre environment during the course of the Agreement.

• Provisions regarding broken shift allowance have been added.

• A revised Schedule 3 has been inserted restricting the leave types not available to casual employees.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives that responded, did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] “United Voice”, being a Union 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) of the Act I note that the Agreement covers this organisation.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In the matter of The Queen Elizabeth Hospital Community Child Care Centre Inc, the matter was brought before the Fair Work Commission (FWC). The dispute concerned the application for the approval of the Enterprise Agreement 2018, which was proposed between the Centre and its employees. The FWC was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The legal issues central to this case revolved around the compliance of the Enterprise Agreement 2018 with the Fair Work Act. The FWC had to assess if the agreement met the necessary standards of good faith, whether it provided for the minimum entitlements of employees, and if it ensured that the agreement did not adversely affect the employees' job security or other employment terms and conditions. Additionally, the FWC needed to ensure that the agreement was fairly negotiated and that the process adhered to the provisions of the Act.

The FWC found that the Enterprise Agreement 2018 was fair and reasonable, and that it complied with the statutory requirements of the Fair Work Act. The FWC took into account the submissions made by the parties, the evidence presented, and the overall fairness of the agreement. The FWC concluded that the agreement met the necessary standards of good faith, provided for the minimum entitlements of employees, and did not adversely affect the employees' job security or other employment terms and conditions.

Following this decision, the FWC approved the Enterprise Agreement 2018. The agreement was deemed to be in the best interests of the employees and was considered to be fair and reasonable. The FWC's approval of the agreement ensured that the Centre and its employees could proceed with the terms and conditions outlined in the agreement, while also maintaining compliance with the Fair Work Act.

The Queen Elizabeth Hospital Community Child Care Centre Inc

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established