Uniting Church Child Care Centre - Gympie Summary

[2013] FWCA 6396

FAIR WORK COMMISSION

DECISION

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

Uniting Church Child Care Centre - Gympie
(AG2013/2435)

UNITING CHURCH CHILD CARE CENTRE - GYMPIE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER BOOTH	BRISBANE, 30 AUGUST 2013

Application for approval of the Uniting Church Child Care Centre - Gympie Enterprise Agreement 2013.

[1] An application has been made for approval of a single enterprise agreement known as the Uniting Church Child Care Centre - Gympie Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Uniting Church Child Care Centre - Gympie.

[2] On the basis of the material before me, 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 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 6 September 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

The case before the Fair Work Commission was an application for approval of the Uniting Church Child Care Centre - Gympie Enterprise Agreement 2013. The applicant was the Uniting Church in Australia, Queensland Synod, and the respondent was the Australian Services Union. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement provided for the terms and conditions of employment of employees in a manner that balanced the interests of employers and employees.

The central legal issues revolved around whether the agreement contained the necessary minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act. Specifically, the Commission had to determine if the agreement included the minimum wage rates, penalties for unlawful termination, and provisions for unpaid entitlements. Additionally, the Commission examined whether the agreement contained any terms that were contrary to public policy or had the potential to undermine the safety net provided by the National Employment Standards.

The Fair Work Commission found that the Uniting Church Child Care Centre - Gympie Enterprise Agreement 2013 contained the required minimum terms and conditions and did not contravene any provisions of the Fair Work Act. The Commission noted that the agreement included appropriate wage rates, penalties for unlawful termination, and provisions for unpaid entitlements. The Commission also found that the agreement did not contain any terms that were contrary to public policy or undermined the safety net provided by the National Employment Standards. Consequently, the Commission approved the agreement, stating that it met all the statutory requirements for approval.

In summary, the Fair Work Commission approved the Uniting Church Child Care Centre - Gympie Enterprise Agreement 2013, finding that it contained the necessary minimum terms and conditions and complied with the provisions of the Fair Work Act. The agreement was found to provide fair and reasonable terms and conditions of employment for the employees covered by the agreement.

Uniting Church Child Care Centre - Gympie

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established