DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Rainbow Children’s Centre Inc
(AG2021/337)

THE RAINBOW CHILDREN’S CENTRE INC. ENTERPRISE AGREEMENT

Children’s services
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 15 MARCH 2021

Application for approval of the Rainbow Children’s Centre Inc. Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Rainbow Children’s Centre Inc. Enterprise Agreement (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings (Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings. The Undertakings are taken to be a term of the Agreement.

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

[6] The Agreement is approved and, in accordance with section 54 of the Act, will operate from 22 March 2021. The nominal expiry date of the Agreement is 14 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Rainbow Children’s Centre Inc brought an application to the Fair Work Commission for approval of an enterprise agreement. The application involved determining whether the proposed agreement met the necessary requirements under the Fair Work Act 2009. The agreement in question was intended to cover employees of the Centre, and the dispute centred on whether it contained all the mandated terms and conditions as prescribed by the legislation. The Fair Work Commission was tasked with assessing the agreement’s compliance with the statutory framework and ensuring that it met the criteria for a fair and reasonable enterprise agreement.

The primary legal issues the Commission had to decide included whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it complied with the Fair Work Act’s provisions. This involved scrutinising the agreement to ensure it covered all the minimum terms and conditions required by law, and that it did not disadvantage the employees. Additionally, the Commission had to determine if the process through which the agreement was made adhered to the procedural fairness standards set out in the Fair Work Act. The fairness of the agreement was to be assessed by considering if it was made in good faith and whether it was reasonably capable of promoting the objectives of the Act.

In its decision, the Fair Work Commission found that the proposed enterprise agreement contained all the mandatory terms and conditions required by the Fair Work Act. The Commission noted that the agreement was made in good faith and was reasonably capable of promoting the objectives of the Act. The process through which the agreement was made was also found to be fair and compliant with the procedural fairness standards. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements. The decision was based on a detailed examination of the agreement’s contents and the process of its formation, leading to the conclusion that the agreement met all necessary legal standards for approval.

The Rainbow Children’s 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