The Queen Elizabeth Hospital Community Child Care Centre Inc

[2019] FWCA 5707

[2019] FWCA 5707

FAIR WORK COMMISSION

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

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