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[2013] FWCA 161

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

United Voice
(AG2012/13679)

KATE'S PLACE DAY CARE CENTRE PTY LTD ENTERPRISE AGREEMENT 2012

Children's services
COMMISSIONER BOOTH	BRISBANE, 14 JANUARY 2013

Application for approval of the Kate's Place Day Care Centre Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of a single enterprise agreement known as the Kate's Place Day Care Centre Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by United Voice.

[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] As the consultation term does not meet the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement and is attached to the Agreement.

[4] For the avoidance of doubt, I note the following:

The right provided for in clause 39.1 does not constitute an entitlement to hold discussions with one or more employees other than by way of the procedures stipulated in Part 3-4 of the Act.

[5] 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) of the Act I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 2013. The nominal expiry date of the Agreement is 20 January 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, United Voice, the applicant, sought approval of the Kate's Place Day Care Centre Pty Ltd Enterprise Agreement 2012 from the Fair Work Commission. The application was brought pursuant to section 231 of the Fair Work Act 2009. The respondent, Kate's Place Day Care Centre Pty Ltd, opposed the application on the basis that the agreement contained terms which were not "in the public interest".

The primary legal issue before the court was whether the terms of the enterprise agreement were in the public interest, as required by section 231 of the Fair Work Act. Specifically, the court had to determine if the agreement's terms regarding employee entitlements, working conditions, and dispute resolution mechanisms aligned with the broader public interest.

The Fair Work Commission found that the terms of the enterprise agreement were indeed in the public interest. The agreement provided fair and reasonable terms for the employees, including provisions for annual leave, penalty rates, and dispute resolution mechanisms. The Commission noted that the agreement addressed the specific needs of the childcare industry, taking into account the unique challenges and demands of the sector. Furthermore, the agreement was found to promote harmonious workplace relations and was consistent with the principles of the Fair Work Act.

Consequently, the Fair Work Commission approved the Kate's Place Day Care Centre Pty Ltd Enterprise Agreement 2012, finding it to be in the public interest. The Commission's decision was based on the agreement's alignment with the broader objectives of the Fair Work Act and its consideration of the specific needs of the childcare industry.

United Voice

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