Treehouse Childcare Centre Inc

[2013] FWCA 7235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Treehouse Childcare Centre Inc
(AG2013/9427)

TREEHOUSE CHILDCARE CENTRE INC. ENTERPRISE AGREEMENT 2013

Children’s services
COMMISSIONER WILLIAMS	PERTH, 26 SEPTEMBER 2013

Application for approval of the Treehouse Childcare Centre Inc. Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Treehouse Childcare Centre Inc. Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Treehouse Childcare Centre Inc. 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 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

In the Fair Work Commission, the applicant, Treehouse Childcare Centre Inc, sought approval of the Enterprise Agreement 2013. The respondent, the Australian Childcare and Early Learning Alliance, opposed the approval on the basis that the agreement contained terms that were inconsistent with the Fair Work Act 2009. The central issue was whether the agreement contained any terms that contravened the Act, specifically in relation to the requirements for approval of enterprise agreements and the prohibition of individual agreements.

The Commission examined the agreement clause by clause, focusing on the nature and content of the terms proposed. It was noted that the agreement was intended to cover employees who were members of the respondent union. The Commission found that certain clauses within the agreement did not comply with the Act, particularly those that allowed for the creation of individual agreements outside of the enterprise agreement framework. These clauses were deemed to be inconsistent with the overarching principles of the Act which aim to provide a consistent and fair framework for workplace agreements.

The Commission concluded that the agreement could not be approved in its current form due to these non-compliant terms. It directed the parties to negotiate a revised agreement that complied with the Act. The applicant was required to make amendments to address the issues identified, particularly ensuring that all terms were consistent with the requirements for enterprise agreements and did not permit the creation of individual agreements. The Commission set a timeline for the revised agreement to be submitted and approved.

The final orders required the applicant to submit a revised enterprise agreement within 14 days of the decision, which must be free from the identified non-compliant terms. The respondent was directed to negotiate in good faith to achieve this revised agreement. If the parties were unable to reach agreement, the Commission reserved the right to make a final determination on the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established