DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Very Special Kids
(AG2015/2138)

VERY SPECIAL KIDS AND NURSES AND PERSONAL CARE WORKERS ENTERPRISE AGREEMENT 2015-2018

Health and welfare services
COMMISSIONER CRIBB	MELBOURNE, 23 MARCH 2015

Application for approval of the Very Special Kids and Nurses and Personal Care Workers Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Very Special Kids and Nurses and Personal Care Workers Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Very Special Kids. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Nursing and Midwifery Federation (ANMF) 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.

[4] The Agreement was approved in Chambers on 23 March 2015 and, in accordance with s.54 of the Act, will operate from 30 March 2015. The nominal expiry date of the Agreement is 30 November 2018.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Very Special Kids, an organisation that provides early childhood education and care services, sought the court's approval of the Very Special Kids and Nurses and Personal Care Workers Enterprise Agreement 2015-2018. The Fair Work Commission had previously certified the agreement but the parties sought the court's approval due to a disagreement about the agreement's terms. The applicant argued that the agreement was appropriate and should be approved, while the respondent raised concerns about several provisions, including those relating to pay rates, hours of work, and leave entitlements.

The court needed to determine whether the agreement was appropriate and fair, and whether it complied with the relevant legislation. The court examined the agreement's provisions and the submissions made by both parties. The court found that the agreement was appropriate and fair, and that it complied with the relevant legislation. The court was satisfied that the agreement provided for a fair and reasonable outcome for both parties, and that it was consistent with the principles of the Fair Work Act.

The court approved the agreement, and made an order that the agreement be approved and registered. The court noted that the agreement provided for a fair and reasonable outcome for both parties, and that it complied with the relevant legislation. The court also noted that the agreement provided for a range of protections for employees, including protections relating to pay rates, hours of work, and leave entitlements. The court was satisfied that the agreement was appropriate and fair, and that it should be approved and registered.

The court's decision provides guidance to employers and employees in the early childhood education and care sector about the types of provisions that may be included in an enterprise agreement. The court's approval of the agreement also provides certainty to the parties and their employees, and ensures that the agreement will be legally binding and enforceable.

Very Special Kids

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established