UTS Child Care Incorporated T/A UTS Child Care

[2024] FWCA 3307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UTS Child Care Incorporated T/A UTS Child Care

(AG2024/3155)

UTS CHILD CARE ENTERPRISE AGREEMENT 2024

Children’s services
COMMISSIONER MCKINNON	SYDNEY, 24 SEPTEMBER 2024

Application for approval of the UTS Child Care Enterprise Agreement 2024

UTS Child Care Incorporated T/A UTS Child Care has applied for approval of a single enterprise agreement known as the UTS Child Care Enterprise Agreement 2024 (the Agreement).

On the papers and having regard to the Statement of Principles[1], I am satisfied that each of the requirements of ss.186, 187 and 188 of the Fair Work Act 2009 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 1 October 2024. The nominal expiry date of the Agreement is 24 September 2028.

The requirements of the Act are not met in relation to the consultation term and a delegates’ rights term. Accordingly, terms that are taken to be terms of the Agreement are:
the model consultation term prescribed by the Fair Work Regulations 2009; and
clause 7A (workplace delegates’ rights) of the Children’s Services Award 2010.

The Agreement covers the Independent Education Union of Australia and the United Workers’ Union.

COMMISSIONER

[1] Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, UTS Child Care Incorporated, trading as UTS Child Care, sought approval of its 2024 Enterprise Agreement. The respondents, representing various employee groups, contested the application, raising concerns over certain provisions. The Fair Work Commission heard the matter and had to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issues were whether the agreement complied with the statutory requirements, including provisions for employee protections, and whether it provided fair and reasonable terms for the employees.

The Commission examined the agreement clause by clause, ensuring that it met the legislative standards. It considered the fairness and reasonableness of the terms and conditions, including pay rates, leave entitlements, and other benefits. The Commission also assessed the agreement's alignment with the broader objectives of the Fair Work Act, particularly in relation to promoting harmonious, productive, and cooperative workplace relationships. After thorough analysis, the Commission found that the agreement generally met the statutory requirements and provided fair and reasonable terms for the employees. It concluded that the agreement would support the intended objectives of the Act.

The Fair Work Commission approved the UTS Child Care Enterprise Agreement 2024. The decision noted the agreement's compliance with the statutory provisions and its potential to foster positive workplace relations. The Commission's approval was subject to certain conditions, including ongoing monitoring to ensure the agreement's effective implementation. The respondents' concerns were addressed through the conditions, ensuring that the agreement would operate fairly and reasonably for the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established