UTS Child Care Inc Summary

[2013] FWCA 1831

FAIR WORK COMMISSION

DECISION

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

UTS Child Care Inc
(AG2013/470)

UTS CHILD CARE ENTERPRISE AGREEMENT 2013

Educational services
COMMISSIONER RIORDAN	SYDNEY, 25 MARCH 2013

Agreement approved Application for approval of the UTS Child Care Enterprise Agreement 2013 .

[1] An application has been made for approval of an enterprise agreement known asthe UTS Child Care 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 UTS Child Care Incorporated (the Applicant). 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 relevant to this application for approval have been met.

[3] The Independent Education Union of Australia NSW/ACT Branch and United Voice, NSW branch have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 2 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of UTS Child Care Inc, the applicant sought approval for the UTS Child Care Enterprise Agreement 2013. The dispute involved the terms of the agreement, which was proposed to cover the employees of UTS Child Care Inc. The matter was heard in the Fair Work Commission.

The legal issues at hand revolved around whether the proposed agreement met the requirements set forth in the Fair Work Act 2009, particularly in terms of ensuring the agreement did not prejudice the resolution of the employee's existing disputes and whether the agreement provided for proper minimum rates of pay and conditions. The Commission had to determine if the agreement was in the best interests of the employees and if it complied with the relevant statutory provisions.

The Commission found that the agreement did not prejudice the resolution of any existing disputes and provided for appropriate minimum rates of pay and conditions. It was concluded that the agreement was fair and reasonable, meeting the criteria for approval under the Act. Consequently, the application for approval of the UTS Child Care Enterprise Agreement 2013 was approved.

The Fair Work Commission approved the UTS Child Care Enterprise Agreement 2013, confirming its compliance with the Fair Work Act 2009 and its appropriateness for the employees. This decision allowed the agreement to come into effect, providing a framework for the terms and conditions of employment for the workers involved.

UTS Child Care Inc

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established